Ingraham v Robinson

JurisdictionBahamas
CourtSupreme Court
JudgeSmall, J.
Judgment Date09 Apr 2001
Docket Number316 of 2000

Supreme Court

Small, J.

316 of 2000

Ingraham
and
Robinson
Appearances

Miss Monique Gomez for the plaintiff

Mr. Sydney Dorset for the defendant

Injunction - Interlocutory injunction — Practice and procedure — Striking out of claim — Plaintiff claimed ownership of parcel of land and sought injunction restraining defendant from trespassing on said land — Defendant claimed ownership on basis of 70 years unbroken possession and sought striking out of statement of claim under provisions of RSC Order 18, r. 19(1)(a) and (1)(d) — Concession by counsel that conveyance relied on by plaintiff passed title to only part of disputed land — Concession destroyed plaintiff's claim for interlocutory injunction — Whether claim should be struck out — Drummond — Jackson v. British Medical Association [1970] 1 W.L.R. 688 considered — Remmington v. Scoles (1897) 2 Ch. 1 also considered — Finding that despite doubt cast on plaintiff's ability to establish title to remaining portion of disputed land, plaintiff entitled to his day in court — Summons for injunction dismissed with costs — Summons to strike out action also dismissed with costs.

1

There are two summonses in this matter. The plaintiff's summons seeks an injunction to restrain the defendant trespassing on a lot of land at Sunlight Cottage in the Southern District of New Providence. The defendant asks, among other things, for an Order that the Statement of Claim be struck out under the provisions of Order 18, rules 19(1)(a) and (1)(d) of the Rules of the Supreme Court.

2

I will deal with the plaintiff's summons first. The plaintiff's initial application was by ex parte summons on 9 March 2001. I directed that the matter be heard inter partes.

3

The plaintiff claims that he is the fee simple owner of land at Lot 71 and a part of Lot 72 at Sunlight Cottage described in a conveyance of 25 January 1991 made between himself and Cynthia Maria Mortimer, the personal representative of Maria Turnquest deceased. The plaintiff's first knowledge of the defendant's claim was his receipt of a letter from her attorney-at-law dated 17 January 2001. It accused him of trespassing on the defendant's land that lay on the western side of his land. The defendant commenced building a wall on 8 March 2001.

4

In her affidavit the defendant claims ownership of Lot 71 based on unbroken possession of herself and her predecessors for 70 years. She asserts that the conveyance on which the plaintiff relied, relates only to the rectangular strip of land measuring 25 feet by 103 feet to the east of her land.

5

The defendant also accused the plaintiff of involvement in the forgery of an indenture of conveyance dated 7 October 1995. The allegation was that the signature of Anzlo B. Strachan was forged. Strachan was the defendant's predecessor in title. In his affidavit of 20 March 2001 he stated that he sold Lot 72 to the defendant on 18...

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