PHILOMENE DETERVILLE v MATHILDA DETERVILLE

SAINT LUCIA IN THE HIGH COURT OF JUSTICE (CIVIL) A.D. 1996 Suit No. 451 of 1995 BETWEEN: PHILOMENE DETERVILLE Pl iff and MATHILDA DETERVILLE Def Mr. W. Hinkson for Plaintiff Mr. M. Francois for Defendant 1996: January 24; February 9. JUDGMENT MATTHEW J. (In Chambers). On June 29, 1995 the Plaintiff filed what she re to as a tition to order an inquisition purportedly under Articles 289(2 291(1) and (2) of the Civil Code. petition was supported by an affidavit of the Plaintiff filed on the same day. In that affidavit she stated she is the youngest eleven children of her mother, the Defendant, who was t old. She stated that she had been occupying a four house with her mother but from January 1994 her mother had moved out of the house and was occupying a small house nearby th a 45 year blind man. She complained that the blind man has considerable influence over her mother and the management of her mother's personal affairs and as a result her mother has rejected the love and influence of ldren. She further stated that the relationship has resulted in the withdrawal of funds in the Royal Bank of Canada from an account jointly held by her mother and herself. complained that her mother had used those funds to to ld a house on her companion's family lands. said she feared that her mother's abili s r investment in peril and that if her mother did not disassociate th her companion both the mother and herself would lose their property. She said she viewed with disgust that her mother at 88 years, ten years after her husband's death, should cohabit a younger man who is ind and unable to help her and for those reasons was asking the Court to appoint her as curator of the of her mother and to make an order that she maintains her mother and that the Court should also eject the male companion t On November 15, 1995 the Defendant filed an affidavit in In affidavit she stated that it was an act of ch caused her to admit the man into her sa occupies the house with the ind man because the Plaintiff threatened to hurt the blind man and to burn down t small denied undue influence and stated that she had complete cont over the management of her affairs. denied that the Plaintiff had a share t house was lt jointly by herself and her husband and she denied that she cohabited or slept with the blind man. Antoine Louison, the blind man, also swore to an affidavit filed on November 15,

1995.He said that he was in the process of constructing a dwelling house for him to live in on his family land ch bounds with the property of the Defendant. He said he asked the Defendant to rent a small house near by for him and the Defendant replied that she would not rent to him but would allow to live there free of rent until et of shouse. He denied that he has any influence over the De or he cohabits or has ever cohabited with the Defendant. Both Counsel made factual ssions ch were contained their affidavits. Learned Counsel for the Plaintiff answer to me sa t was bringing the action by virtue of Articles 285(1) and (2) i 291 1) (2) of the civil Code. In the petition it was stated Article 289(2) was also material. I think I should set out the articles of the Civil on ch the Plaintiff reI s. Article 285 (1) and (2) are as follows: /I (1) It shall be lawful for the Supreme Court or any thereof, on petition supported by da t to an inquisi tion whether a person is of incapable of managing himself and his rs. (2) All such petitions shall be addressed to a Judge of Supreme Court, and shall contain a specifica on unsoundness of mind./1 Article 289(2) is as follows: /I (2) upon such inquisi tion it appears that the alleged to be of unsound mind is of unsound mind, so as to be incapable of managing his affairs, but that he ~s capable of managing himself and is not dangerous to himself, or to others, it may be so specially found and certified. Articles 291 (1) and (2) are as follows: 1/(1) Where upon an inquisition the Court or Judge t the person who is the subject of the inqui on is of unsound mind, the Judge may make an appointment of a curator to the person and of the person so found to be of unsound mind, and s order shall take t from the date (2) Where upon the inquisi tion it is specially or certified that the person to whom on relates is of unsound mind so as to be incapable n~s affairs, but that he is capable managing and is not dangerous to himself or to 0 may make such orders as he thinks t for the tment of a curator of the property of the person of unsound and its management, including all sions the maintenance of the person of t it shall not be necessary, unless in scre on Judge it appears proper to do so, to make order as to the cus tody or cura torship of person of mind. 1/ I have taken time to set down the provisions of the Code reli upon. They all fall within Chapter Second of Book Tenth of Code. Chapter Second is headed "Inauisition as to unsoundness of mind". Every paragraph cited above contains words unsound mind or similar words. I have also set out in much detail what is contained t fidavits. I certainly have some sympathy for the Plaintiff. I her real concern is the embarassment caused by the present situation. But can it really be said that this case pertains to unsoundness of mind of the Defendant? It seems to me from all that has been said she is of very sound mind and she has attended Court on every occasion this matter was called when for " one reason or another both Counsel not deal th matter. Counsel for the Plaintiff no doubt want to t matter to Court but could not find an appropriate manner to do so simply appended the articles of the Code to the ti t thout examining their relevance. Counsel ought not to do that. Maternal love and fection or any kind of love cannot Courts of law. experiences are derived from a in which Courts are powerless. smissed with costs of $250.00 to petition must be Defendant.

A.N.J. MATTHEW

Puisne Judge

Suit No. 451 of 1995 MATTHEW J. Delivered: 09/02/96