Re Butler, Basil N. et Al

• Jurisdiction: Bahamas
• Judge: Osadebay, Sr. J.
• Judgment Date: 01 June 1999
• Docket Number: No. 4 of 1998
• Court: Supreme Court (Bahamas)
• Date: 01 June 1999

Supreme Court

Osadebay, J.

No. 4 of 1998

Re: Butler, Basil N. et al

Appearances:

Mr. James M. Thompson for the petitioners.

Real property - Land — Quieting Act, 1959

petitioners filed a petition praying for their title in a parcel of land to be investigated, determined and declared under the Quieting Act, 1959.

The subject matter of petition was two separate and distinct parcels of land and not one parcel of land jointly owned as stated. Petition therefore dismissed with liberty to each petitioner to being his own separate petition in respect of his own parcel of land.

Osadebay, Sr. J.

1 On the 21st. of May, 1999, after hearing the evidence of William B. Cartwright, one of the petitioners in this matter I dismissed the petition with liberty to each of the petitioners to bring his own separate petition in respect of his own parcel of land, and promised to give my reasons for doing so later. This I now do.

2 The petition was filed on the 3rd. April, 1998. By this petition the petitioners Basil N. Butler and William B. Cartwright purportedly sought a declaration by a certificate of title to the effect that they were the legal and beneficial owners in fee simple of the land described and particularly delineated in the petition. That petition was subsequently amended and the Amended petition was filed on the 27th. April, 1999.

3 The petition in its amended form stated as follows:–

“To the Honourable the Judges of the Supreme Court of the Commonwealth of the Bahamas.

The petition of BASIL N. BUTLER of Blue Hill Road in the Southern District of the Island of New Providence one of the Islands of the Commonwealth of the Bahamas AND WILLIAM B. CARTWRIGHT of Eneas Avenue in the Subdivision called and known as “Stapledon Gardens” in the Western District of the Island of New Providence aforesaid:

SHOWETH:

1. That your petitioners are the owners in fee simple in possession of ALL THAT tract of land situate about 800 Ft. South of Harold Road and about 7,100 Ft. West of Blue Hill Road in the Western District of the Island of New Providence one of the Islands of the Commonwealth aforesaid bounded NORTHEASTWARDLY by other part of the tract marked Parcel “A” now the property of Hartley Wilkinson and running thereon Four hundred Forty-six and Sixty One-hundredths (446.60) Feet EASTWARDLY by land now or formerly the property of Oswald Moseley and running thereon Two Hundred Sixty-five and Fourteen One-hundredths...