Hughdon Bowe v Shanique Rolle
| Jurisdiction | Bahamas |
| Judge | Winder, CJ |
| Judgment Date | 27 June 2023 |
| Docket Number | 2018/CLE/gen/01171 |
| Court | Supreme Court (Bahamas) |
and
and
Before Hon. Chief Justice Sir Ian Winder
2018/CLE/gen/01171
COMMONWEALTH OF THE BAHAMAS
IN THE SUPREME COURT
Common Law and Equity Division
Krystian Butler for the Plaintiffs
Michelle Y. Campbell for the First Defendant
V. Alfred Gray for the Second and Third Defendants
In this action, the Plaintiffs claim that they are registered commoners of the Rolleville Commonage (“Rolleville”) who were granted certain land by the Rolleville Commonage Committee (the “Commonage Committee”) and the Rolleville Commonage Land Committee (the “Land Committee”) (collectively, the “Committees”), upon a portion of which the First Defendant (“Shanique”) has trespassed by building a home. Shanique counterclaims on the basis that she is lawfully on the land.
The Plaintiffs are a father and three sons who claim to be registered commoners of Rolleville. Whether the Plaintiffs are in fact registered commoners is disputed. However, it is clear that the Plaintiffs have had their status as commoners acknowledged by Rolleville's internal administration.
Shanique is a resident of Nassau who claims to be a registered commoner of Rolleville. It was not disputed by any party in their pleadings that Shanique is a registered commoner. The Plaintiffs' Statement of Claim expressly pleads that:
“2. The First Defendant is and was at all material times a registered commoner under the Rolleville Commonage.”
The Second Defendants were the serving members of the Commonage Committee at the time that these proceedings were commenced but were not members of the Commonage Committee at the material times when the Plaintiffs allege that land was granted to them by the Committees.
The Third Defendants were the serving members of the Land Committee at the time that these proceedings were commenced but were not members of the Land Committee at the material times when the Plaintiffs allege that land was granted to them by the Committees.
It is common ground between the parties that these proceedings concern commonage land within the ambit of the provisions of the Commonage Act (the “Act”). On this premise, the Island Administrator for Exuma (the “Administrator”) is concerned in Rolleville's affairs. The Administrator has not, however, been made a party to these proceedings.
No material has been placed before the Court which details the history of Rolleville, the boundaries of the lands comprising Rolleville or the rights of commoners in Rolleville. For necessary context, I am compelled to take judicial notice of the following, as “notorious facts”, pursuant to section 80(1)(j) of the Evidence Act
i) Denys Rolle of Devon, a British loyalist, was granted lands in Exuma from the British government after the Treaty of Versailles in 1783 and migrated his plantation operations from Florida to Exuma.
ii) Denys Rolle established the settlements of Rolleville, Rolletown/Rolle Town, Steventon, Ramsey and Mount Thompson in Exuma.
iii) Denys Rolle's lands in Exuma were inherited by his son, Lord John Rolle, 1 st Baron Rolle, upon his death.
iv) former slaves of the Rolle family occupied Rolleville, Rolletown/Rolle Town, Steventon, Ramsey and Mount Thompson notwithstanding that they could not produce any formal deed of conveyance of the relevant land from Lord John Rolle or his heirs.
v) persons claiming to be descendants of Rolle's slaves continue to inhabit Rolleville, Rolletown/Rolle Town, Steventon, Ramsey and Mount Thompson to the present day.
Similarly, no material has been placed before the Court which elaborates upon the basis for the Committees' activities within Rolleville. However, it appears from the parties' filings that:
i) the Commonage Committee is involved in issuing, receiving and processing applications for land by commoners, collecting fees associated with the registration of commoners, collecting annual dues, collecting payments for land grants, facilitating general meetings of commoners and recommending and spearheading initiatives that may be beneficial to Rolleville.
ii) the Land Committee is involved in receiving and processing applications for land by commoners and identifying and allocating parcels of land in Rolleville to commoners.
The Plaintiffs claim that, pursuant to a letter dated 26 November 2014, the first-named Plaintiff was granted a parcel of land in Rolleville by the Committees (the “First Parcel”). The Plaintiffs' Statement of Claim alleges in pertinent part that:
“ 5. By a letter dated the 26 th November, 2014 from the Rolleville Commonage signed by former President Dwight C. Hart, and former Chairman of the Rolleville Commonage Land Committee, Elvis Rolle, they agreed to grant the First-named Plaintiff the following parcel of land:
‘ A parcel of land that is 300 feet along the beach front from East to West and 100 feet from the beach North to South towards the access roads. This parcel of land is at the Eastern most end of what is known as Rolleville along the border with what is now the Thompson Family property.’
6. Pursuant to the offer letter the First-named Plaintiff was required to pay a fee of $1,200 to the Rolleville Commonage Committee to complete the transaction and commence a structure within 5 years of the date of the agreement. The First- named Plaintiff accepted the offer and duly paid the consideration.”
The relevant letter of 26 November 2014 (the “26Nov14 Letter”), printed on the letterhead of the Commonage Committee, stated:
“ November 26 th, 2014
RERE: HUGHDON BOWE SR.
Dear Mr. Bowe,
After consideration of your application and consultation with Mr. Elvis Rolle, Rolleville Commonage Land Committee Chairman, it has been decided that the Rolleville Commonage will grant to you a parcel of land that is 300' along the beach front East to West and 100’ feet from the beach North to South towards the access road.
This parcel of land is at the Eastern most end of what is known as Rolleville, along the border with what is now the Thompson Family property.
You will be required to pay a fee of $1,200.00 to the Rolleville Commonage Committee, to complete this transaction.
As per the current restrictions, you will be required to commence some kind of structure on this property within 5-years of today's date otherwise the Commonage may seek to reclaim the parcel and re-issue it to someone else.
Sincerely
[Signature]
Dwight C. Hart
President 2014–
Rolleville Commonage Committee
[Signature]
Elvis Rolle
Chairman Lands Committee
Cc: Rolleville Community”
The Plaintiffs further claim that, pursuant to a letter dated 15 November 2015, they were granted another parcel of land in Rolleville by the Committees (the “Second Parcel”). The Statement of Claim alleges in pertinent part that:
“ 7. By a subsequent letter dated the 15 th November, 2015 from the aforesaid President and Chairman, at the request of the First-named Plaintiff, they granted to the Second, Third and Fourth-named Plaintiffs, ‘the property directly behind your 300 feet beach front, North to South to the access road (Herman Taylor Drive) in consideration of fees already paid.’”
The relevant letter of 15 November 2015 (the “15Nov15 Letter”), printed on the letterhead of the Commonage Committee, stated:
“ November, 15 th 2015
RERE: HUGHDON BOWE SR.
Dear Mr. Bowe,
After consideration of your application and consultation with Mr. Elvis Rolle, Rolleville Commonage Land Committee Chairman, it has been decided that the Rolleville Commonage will grant you the property directly behind your 300 feet beachfront, North to South to the access road (Herman Taylor Drive); in addition to your grant of November, 2014; in consideration for your fees already paid.
Sincerely
[Signature]
Dwight C. Hart
President 2014-2015
Rolleville Commonage Committee
[Signature]
Elvis Rolle
Chairman Lands Committee
Cc: Rolleville Commonage”
The Plaintiffs have not had the exact boundaries of the land which they say was granted to them defined by the Land Committee. The Plaintiffs complain at paragraph 8 of their Statement of Claim that:
“ 8. On several occasions, the Plaintiffs requested that the Third Defendant layout the exact boundaries of the land granted to them, but they have failed and/or refused to do so.”
The Plaintiffs claim that the Defendants have trespassed on their land. In their Statement of Claim, the Plaintiffs allege:
“ 9. That on a date unknown to the Plaintiffs, the First Defendant trespassed on their property and commenced construction on a portion of the land.
10. That also at a date unknown to the Plaintiffs, servants and/or agents of the Commonage and Land Committee and other unknown persons pushed a road through two parcels of land and cut from Line Wall along the beach.
11. Despite demands from the Plaintiffs to the Defendants to desist their respective trespass, they have persisted in their trespass upon the said property as aforesaid.
12. The Defendants threaten and intends unless, restrained by this Honourable Court, to repeat and continue the acts complained of.
13. By reason of the matters set out herein, the Plaintiffs have been deprived of the use and enjoyment of the said property and have thereby suffered loss and damage.”
The Plaintiffs do not particularize which of the First Parcel or the Second Parcel Shanique has allegedly trespassed upon in their pleadings. However, it is clarified in the Plaintiffs' evidence that it is the Second Parcel...
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