Derek Browne v Vernon Joseph

f,;-··. - ·~ THE EASTERN CARIBBEAN SUPREME COURT ANTIGUA AND BARBUDA IN THE HIGH COURT OF JUSTICE CLAIM NO: ANUHCV2014/0207 BETWEEN: DEREK BROWNE · Claimant AND VERNON JOSEPH Defendant Appearances: Mr. Lenworth Johnson and Ms. Latoya Letlow for the Claimant Mr. Lawrence Daniels and Ms. Marcelle Wijtts for the Defendant 2015: January 21 ORAL RULING

[1]Cottle1 J.: The action for trespass would not be statute barred because the acts of trespass by placing vehicles and chattels on the land constitute continuing trespass and a new cause of action arises from day to day.

[2]Section 17 of the Act applies. The defendant has factual possession of the parcel of land on which the house sits: The combined effect of building the house and using the rest of the property to store a container and vehicles for more than 20 years is sufficient to demonstrate possession.

J

[3]By his actions the defendant has demonstrated animus possiderdi. The parking of vehicles by itself may be equivocal but when combined with the house and the container and the protracted period of occupation this convinces me that he treated the property as his own to the exclusion of the world in general and the claimant in particular. He has both factual possession and the required mental element for more than the statutory period of twenty years.

[4]Ruling for defendant. The claimant's tit.le has been extinguished. Leave to appeal granted.

Brian Cottle

High Court Judge

THE EASTERN CARIBBEAN SUPREME COURT ANTIGUA AND BARBUDA IN THE HIGH COURT OF JUSTICE CLAIM NO: ANUHCV2014/0207 BETWEEN: DEREK BROWNE Claimant AND VERNON JOSEPH Defendant Appearances: Mr. Lenworth Johnson and Ms. Latoya Letlow for the Claimant Mr. Lawrence Daniels and Ms. Marcelle Watts for the Defendant 2015: January 21 ORAL RULING

[1]Cottle J.: The action for trespass would not be statute barred because the acts of trespass by placing vehicles and chattels on the land constitute continuing trespass and a new cause of action arises from day to day.

[2]Section 17 of the Act applies. The defendant has factual possession of the parcel of land on which the house sits: The combined effect of building the house and using the rest of the property to store a container and vehicles for more than 20 years is sufficient to demonstrate possession.

[3]By his actions the defendant has demonstrated animus possiderdi. The parking of vehicles by itself may be equivocal but when combined with the house and the container and the protracted period of occupation this convinces me that he treated the property as his own to the exclusion of the world in general and the claimant in particular. He has both factual possession and the required mental element for more than the statutory period of twenty years.

[4]Ruling for defendant. The claimant’s tit.le has been extinguished. Leave to appeal granted. Brian Cottle High Court Judge