In The Matter of An Application By Celestine Princia Arrindell

THE EASTERN CARIBBEAN SUPREME COURT SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE SVGHPT2017/0002 IN THE MATTER OF THE POSSESSORY TITLES ACT 2004 and IN THE MATTER OF ALL THAT LOT PIECE OR PARCEL OF LAND SITUATE AT O’CAR BEQUIA IN THE STATE OF SAINT VINCENT AND THE GRENADINES ADMEASURING 11,641 SQUARE FEET SHOWN ON SURVEY PLAN Gr16/138 LODGED AT THE LANDS AND SURVEYS DEPARTMENT ON THE 1st DAY OF JUNE 2016 and IN THE MATTER OF AN APPLICATION BY CELESTINE PRINCIA ARRINDELL OTHERWISE KNOWN AS CELESTINE PRINCIA THOMAS FOR A DECLARATION OF POSSESSORY TITLE APPLICATION FOR A DECLARATION OF POSSESSORY TITLE Appearance: Ms. Paula David for the applicant. 2017: Nov. 13 & 20 DECISION BACKGROUND Henry, : The applicant Celestine Princia Arrindel! also known as Celestine Princia Thomas1 has applied2for a declaration of possessory title to land in her sole name. The land is locatedat O’Car, Bequia and comprises 11,641 square feet. It is delineated in survey plan Gr16/138, lodged at the Lands and SurveyDepartment on 1st June 2016 and approved by Chief Surveyor Keith Francis on even date. The application for possessory title was supportedby affidavit testimony of Celestine Arrindel!, her sister – Ealita Arrindel! and Ann Alexandra Sargeant. It was unopposed. Ms. Celestine Arrindel! acknowledged that the land was given to her by her grandmother in 19973 to hold in trust for herself and her sister Ealita Arrindel!. Ealita Arrindel! testified that she was a minor at the time. Celestine Arrindel! produced a Declaration of Possession and Ownership4 which her grandmother Matilda Williams reportedly executed in 1965 to evidence her title to the land. Ms. Arrindel! stated that she has since learnt that the declaration was ineffective to bestow title because her grandmother did not have a legal right, title or interest to the lan When the matter came on for first hearing, Ealita Arrindel! attended court as a witn ss. On being asked, she told the court that she had not secured independent legal advice regarding the applicati She was directedby the court to see independent legal advice and to file notification to that effect. Thecase was adjourned to 13thNovember 2017. Ealita Arrindel! filed no such notification.However, legal practitioner Zhinga Horne-Edwards filed an affidavit indicating that she had been consulted by Ms. Ealita Arrindel! whom, she duly advised regardingthe legal effect of a grant of declaration of possessory title to Celestine Arrindel! in her sole name. She deposed that Ealita Arrindel! was advised that in such eventuality Celestine Arrindel! would have all rights, interest and title to the subject land including absolute and unrestricted authority to dispose of it by sale and to enjoy the proceeds. 3 By Deed of Gift 1388 of 1997. 4 No. 127of 1965. ISSUE The issue is whether the court should grant CelestineArrindell a declaration of possessory title in her sole Issue – Should the court grant Celestine Arrindel! a declaration of possessory title in her sole name? The court may grant a declaration of possessory title to an applicant who establishes that she has enjoyed exclusiveand undisturbed factual possession of land in excess of 12 years, if she had the intention during that time to own i5 If appropriate, the court may confer possessory title to an applicant, in the capacity of trustee6. Ealita Arrindel! provided oral and written The affidavit testimony of the other witnesses described how the sisters became interested in the subject land. They all explained that Celestine Arrindel! was appointed by her grandmother to hold the land in trust for her sister Ealita and herself. Celesine Arrindell also provided proof of publication of the requisite notice in two newspapers circulating in the State of Saint Vincent and the Grenadines; proof of service of the requisite notice on adjoining land owners, at the High Court registry and the relevant Magistrate’s Court; and she exhibited a survey plan and valuation report in respect of the subject lands in accordance with the Possessory Titles Act, Cap. [1O] The evidence in its totality supports Ms. Arrindel’ls claim that she has enjoyed exclusive and undisturbedpossession of the subject lands since then and that she has done so in the capacity of trustee. I therefore accept that account. Ms. Arrindell has complied with all the statutory procedural and evidenitary requirements 5 Sections2, 3, 4 and 5 of the Possessory Titles Act, Cap. 328 of the Revised Laws of Saint Vincent and the Grenadines, 2009. 6 Section3 (3) of the Possess Learned counsel Paula David submittedthat based on the evidence, the court may grant the application and issue a declaration of possessory title in the joint names of Celestine and Ealita Arrindel! or in the name of Celestine Arrindel!in trust for them both. A grant in Celestine Arrindell’s sole name would not reflectEalita Arrindell’s i Such an order would not be just. I am satisfied that Celestine Arrindel! has possessed the subject property since 1997 as trustee for Ealita Arrindel! and herself. She should therefore be granted a declaration of possessory title consistent with that title, notwithstandingthat the applicaiton was brought in her sole name and in her personal capacity. It is accordingly declared and ordered: Celestine Princia Arrindel! aka Celestine Princia Thomas as trustee for Eal ita Arrindel! and Celestine Princia Arrindel! aka Celestine Princia Thomas is the true owner of all that piece or parcel of land situate at O’Car, Bequia in the State of Saint Vincent and the Grenadines, comprising approximately eleven thousand six hundred and forty one square feet (11,641 sq. ) with appurtenances thereon valued at approximately EC$116,410.00;more particularly described and delineated in survey plan Gr16/138, approved and lodged at the Lands and Survey Department on 1stJune, 2016 by Chief SurveyorKeith Francis, bounded as follows: On the North by lands belonging to Luxley Farrel shown on survey plan Gr9/143, on the South by lands belongingto Tom’s Holding Company Limited, on the East partly by lands belonging to Genevieve Peters shown on survey plan GR13/102 and partly by lands belongingto VINLECshown on survey plan GR3/40 and on the West by a 16′ road as shown on the plan or diagram drawn by Collin Alexander, a licensed and Surveyor. A declaration of possessory title of the said land is hereby granted to Celestine Princia Arrindel! aka Celestine Princia Thomas as trustee for Ealita Arrindel! and Celestine Princia Arrindel! aka Celestine Princia Thomas. Esco L. Henry HIGH COURT JUDGE < p style=”text-align: right;”>By the Court