JOHN VERNON PREVOST v JOSEPH SERAPHINE

SAINT LUCIA -r IN THE HIGH COURT OF JUSTICE (CIVIL) <: Suit No. 637 of 1995 "- Between: JOHN VERNON PREVOST Plaintiff 'l~,d <: JOSEPa SERAPHINE MARY SERAPHINE BAGO SERAPHINE Defendants Mrs. C. Malaykhan for Plaintiff Mr. L. Theophilius for First Defendant 1996: April 26th May 17th JUDGMENT d'Auvergne J. a writ of Summons indorsed with a Statement of Cl fil on the 8th September, 1995 the Plaintiff cla aga t Def following: An injunction to restra the Def s t 1 ves I ir servants or agents or otherwise howsoever from on the said land or cultivat gardens, erecting sheds or coal thereoll \_~ any Lllcl. Wcty erfering the s land. c 2. Damages for trespassing. 3. Damages for use and occupation. 4. Further and Other rel f. Costs hereof. that same day, name 8th r, 1995 a if fi eo a Summons supported by an Affidavit ch reads as fo L The Defendants be rest whether t s, ir servants or agents or otherwise froM remalnlnq on the Plaintiff's 1 situate at ine, in th~ Quarter f Anse La Raye, and regist as Block No. 0239B Parce No. 8 or from cultivating erect or coal thereon or in any r way interf th t land; 2. That the Plaintiff be awarded the cost of t s applicat Affidavit deposed to by the Plaintiff menti earlier as follows: AFFIDAVIT I, JOHN VERNON PREVOST of Hospital t ci Castries, in t State of Lucia, Automot cian, make and say as follows:

1.I am the Plaintiff here

2.That I am the owner and entitl to possession f a parcel of land situate at Theodorine, in the Quarter of Anse La the State of Saint Luc which is reg~~~e~ as Bl No. 0239B Parcel No.8, as appears by Deed of Sale execut on the 13th day of March, 1992 and registered at the Land stry as Instrument No. 1031/92, a copy of which is exhibit hereto and marked "J.V.P 1".

3.That the Defendants have wrongly entered my land aforesa and have wrongly t possess of the same trespassed and are still trespassing in done and continue to do the following: (1) the first-named Defendant is cult a cassava garden on my land; (11) the second-named Defendant erected a on my land and she is also cultivat a thereon; (111) the thi -named Defendant cleared a my land has a coal pit thereon makes coals.

4.That I veri believe De s en end unless restrained by s Honourable Court, to continue to remain wrongful possession of my 1 ana to trespass thereon. 5 . In the circumstances, I urge this e Court to grant an unction in the terms for summons filed herewith.

6.I hereby undertake to pay the De s any s which they may suffer should this unct be wrongly granted. An Affidavit of Service on file shows that writ of Summons and Aff~~3vit was served on the three Defendants on the 6th of October, 1995. On the 18th October, 1995 the matter was adjourned to 6th 1995. On that date Matthew J. in Chambers ordered "the Defendant to file and serve Affidavit wi fourteen (14) days." the 19th December, 1995 an appearance was ent on f f first-named Defendant. the 20th of December, 1995 the fol s were iled behalf of the first Defendant Defence and Counterclaim and I have reproduced the latter Affida .. pi t in Reply. In ts entirety. AFFID~VI~ IN REPLY I, JOSEPH SERAPHINE of Theodorine the er f Anse La Raye in the State of Sa Lucia make s as f That I am the first-named De here 2. That by an agreement of sale dated 15th ember, 1924 my Grandmother Se cto the sum (8) pounds became t owner in possess of two carres land situate Theodorine in Anse La as a d same being purchased s African a true copy of ch s exhibited hereto and marked "J.S.1" 3. That I was born on the land in question and at all mate al times for upwards of 30 years prior to the commencement of these proceedings had the undisturbed sess t in question and have exercised acts over the same. 4. That I live on the ~~ove-mentioned two carres of land with my daughter MARY SERAPHINE and my son BAGO SERAPHINE, second and first-named Defendants here re t ly mentioned.

5.That I am the uncle of who is t Plaintiff smatter. That when the PIa iff a Deed Sale executed day of March, 1992 and registered in the Land stry as Instrument No. 1031/92, purportedly purchased a parcel of measuring 23.26 acres and situate at in the of Anse La Raye, he knew or ought to have known that in this uncii vided parcel land was the two (2) arres land of which I hav~ been peaceable and ed possession for upwards ot 30 years to ccmmencement of these proceedings. That the Plaintiff knew or to have known that I a~ong with my two children MARY and BAGO SERAPHINE as aforesa a wooden house which is erected on In quest and that I used the land for agricul purposes. That I veri believe that the ication of the PIa iff is not made bona fide for the purpose of obt an iniunct and I respectful t that if it =c that my said acts were wrongtul, that the case is not one ch an injunction should be granted as t PIa iff d adequate compensated damages. s application was heard on the 26th of 1, 1996, in Chambers and the matter was reserved. AR9UMENTS Learned Counsel for the Plaintiff reiterated PIa iff's Af f idavi t and produced a Deed of Sale dated thirteenth f March, 1992. She also argued that the PIa iff es three (3) and four (4) of the first Detendant's Affidavit and stated that the Defendants came unto the land after purchase of the land by him. I pause here to note that the Plaintiff has not filed a her fidavit denying the allegations made by the first Defendant in s Affidavit and fore all sh will not considered. Counsel stressed that the Plaintiff the land in quest from persons who red t land t pre that before any declaration of ownership is Court th regard to thirty (30) years requirement gazetted notice had to be satisfi concluded that this being so the first Def d not now aim t-.hirty (30) years prescript ti tIe to t the Court to unct reI f as Learned Counsel for the first Defendant cont t "He comes to Equity must come with clean hands." argued that paragraph two 2) of the first De's f t lays down the is s cl and t was resist l-allL. uf the injunction requested and t a rece a parcel of land comprising of two carres at er of Anse La Raye purchased by Se Victoire, who t aintiff claims is s grandmother, from Louis can ed 15 ember, 1924. He reiterated the Affidavit of the first De and t as an exhibit the Baptismal book of Plaintiff's ldren t his son Stephen was recorded as being at on 24th December, 1954. Learned Counsel stressed that the PI iff was the of fendant in question and that the latter was well aware of hjs fendant'sl occupation of the two carres of the land st where he lived and continues to live with his two I t second and third Defendants. ,$ CONCLUSIONS my considered judgment, bearing the gui s Lord Diplock in the American Cyanamid Co v Ethicon Ltd (1957) AC 396, there is a serious quest to be tri and moreover would be an adequate remedy should it later be t fendants are trespassers. Moreover, it is my view tha~ the status quo' d a until trial, when substantive case will on ts ts. My Order is therefore as follows: The order of unction sought is re There will be no as to Costs.

SUZIE d'AUV'ERGNE

PUISNE JUDGE

Suit No. 637 of 1995 D’Auvergene, J. Delivered: 17/05/96