The Petition of Pauline Ferguson

JurisdictionBahamas
JudgeMadam Justice G. Diane Stewart
Judgment Date09 November 2022
CourtSupreme Court (Bahamas)
Docket Number2016
Between
In the Matter of All that piece parcel or lot of land situated in the Eastern District of the Island of New Providence one of the Islands of the Commonwealth of The Bahamas and being Lots Number Eleven (11) of a Subdivision called and known as Redland Acres Subdivision situated on the Southern Side of Soldier Road in the aforesaid Island of New Providence one of the islands of the Commonwealth of The Bahamas

and

In the Matter of The Petition of Pauline Ferguson

BS 2022 SC 138

Before:

The Hon. Madam Justice G. Diane Stewart

2016

CLE/qui/01055

THE SUPREME COURT

Common Law and Equity Division

Appearances:

Bridgette Ward for the Petitioner

Joseph D'Arceuil for the Adverse Claimant

Background Facts
1

This Quieting action relates to property described as Lot Number Eleven (11) in a Subdivision called and known as Redland Acres Subdivision situated on the Southern Side of Soldier Road in the Eastern District of the Island of New Providence, (“the Property”).

2

The Petition was filed on 8 th July 2016 by the Petitioner, Pauline Ferguson (“the Petitioner”) as owner in fee simple absolute in possession of the property. In support of the Petition, Pauline Ferguson filed an Affidavit on 8 th July 2016 to support her claim to possessory title to the property.

3

In 1993, the Petitioner moved onto the Property with her now estranged husband, Eieazer Ferguson. In 1999 their relationship ended and Mr. Ferguson left the property with all his belongings. Sometime thereafter he disconnected all utilities to the property. The Petitioner continued to occupy the property and paid to have the utility services installed and connected in her name. Since occupying the home on her own, the Petitioner has made substantial improvements to the home. She has repaired the cracked and crumbling interior and exterior wails of the home; 2) repaired and completely remodeled the kitchen; 3) tiled the living room, dining room and hallway; 4) carpeted the two smaller bedrooms and installed wooden floors in master bedroom; 5) painted and repainted the interior and exterior walls of the home on numerous occasions; 6) repaired the cesspit; 7) treated the home for termites and pests; 8) repaired the plumbing to some portions of the home; 9) remodeled the bathrooms; 10) upgraded all the electrical work to the home; 11) repaired the front exterior wall to the property and constructed a proper facility to the house; 12) installed security bars to the back portion of the home; 13) partial repair of the interior ceiling; 14) changed the interior doors; and 15) with the assistance of her estranged husband, had the roof repaired and re-shingled.

4

Since Mr. Ferguson left the home, his former wife, Laura Ferguson the Adverse Claimant, ( “the Adverse Claimant”) has approached the Petitioner claiming that she is the owner of the home and wants to receive rents for the home. On 4 th July 1997, in divorce proceedings between Laura Ferguson and Eleazer Ferguson, Justice Osadebay ordered that—

This Order was not filed until August 7 th 2000.

  • i. Mr. Ferguson convey to Laura Ferguson his fee simple title in the property to be executed on or before 15 th August 1997;

  • ii. Mr. Ferguson pay all charges rates and taxes chargeable upon the conveyance as mentioned

  • iii. In consideration of the conveyance, Laura Ferguson convey and release to Mr. Ferguson her undivided one—half fee simple interest in respect of Lot Number 1 Block Number 5 of the Regency Park subdivision.

5

The Petitioner in these proceedings avers that she was previously unaware of Laura Ferguson's title to the property.

6

On 24 th January 2013, Laura Ferguson obtained an order of eviction from the Magistrate Court to have the Petitioner removed from the property. The Petitioner appealed the order and on 18 th May 2016 Hartman Longley, Chief Justice dismissed the vacant possession order and ordered that the matter be remitted to the Magistrate Court for rehearing.

7

The Petitioner maintains that she has been in full, free and undisturbed possession of the property from 1993 when she lived at the property with Mr. Ferguson and from 1999 on her own after Mr. Ferguson left having full possession and having carried out several acts of ownership.

8

The Petitioner claims to have never experienced any disturbance or interference with her possession to the property until approached by Laura Ferguson.

9

On 16 th August 2018, the Adverse Claimant filed a Summons pursuant to Order 18 Rule (19) (d) of the Rules of the Supreme Court for an order to strike out on the grounds that:-

  • i. The Petition is an abuse of the Court process pursuant the Courts' inherent jurisdiction; and

  • ii. The Petition is scandalous, frivolous or vexatious

10

The Adverse Claimant also filed an Adverse Claim on 16 th August 2018 claiming to be owner in fee simple absolute in possession of the property. Her Abstract of Title, filed on 16 th August 2018, sets out her claim to the property in the following manner:-

29 th July 1965 By Indenture of Conveyance dated 29 th July 1965 and made between Adana Construction Company Ltd of one part and Eleazer Ferguson of the other part and not of record in the Registry of Records in the City of Nassau in the said Island of New Providence in Volume 945 at page 373 to 376. The Vendor became seised in fee simple in possession of the hereditaments “All that piece parcel or lot of land being Lot Number eleven (11) situate in the Subdivision called and known as Redland Acres on the South Side of Soldier Road in the Eastern District of the Island of New Providence and being bound by on the North by Lot Number seven (7) the property of Gertrude Taylor and running therein fifty (50) feet I the East by Lot Number thirteen (13) the property of the said Adana Construction Company Ltd. and running thereon one hundred (100) feet on the South by Shahs drive and running thereon fifty feet (50) and on the West by Lot Number ten (10) intended to be sold to Irvin Clarke and running thereon one hundred feet (100)” The said hereditaments subject as is therein specified but otherwise free from encumbrances.

4 th July 2012 By Order of his Lordship the Honorable Justice Mr. Emmanuel Osadebay made the 4 th July 1997 and filed on the 17 th August 2000 in the Family Division Number 323 of 1990 (“the OrdeO Eleazor Ferguson agreed to convey his fee simple title in the said hereditaments free from encumbrances to Laura Ferguson.

Adverse Claimant's Evidence
11

An Affidavit was filed by Laura Ferguson on 16 th August 2018 in support of her Summons to strike out the Petition.

12

The property in question was previously owned by Laura Ferguson's now ex-husband and the Petitioner's now estranged husband, Eleazer Ferguson.

13

Laura Ferguson now possesses documentary title and possessory title to the property having obtained it by order of the court made July 4 th 1997. On 4 th July 1997, Justice Emmanuel Osadebay ordered that the Property be conveyed to Laura Ferguson.

14

The Petitioner was sent a notice of this Order by way of a letter dated 10 th February, 2011, from the Adverse Claimant's Counsel, Patricia A. Roberts & Co. when she was requested to vacate the premises. The Petitioner refused to vacate the property. The Adverse Claimant also sought relief from the Magistrates Court and obtained an Eviction Order. The Petitioner was ordered by then Magistrate Gullimina Archer to vacate the premises. The Petitioner filed an appeal before Justice Hartman Longley and it was ordered that the matter be reheard before a new Magistrate.

15

At the second hearing before the Magistrate Court, the parties orally consented to a lease agreement for rent of $800.00 per month which began on 1 st November 2016. The Petitioner paid two months' rent and ceased payment of the oral lease agreement.

16

The Petitioner's attorney wrote a letter dated 8 th May 2018 to the Adverse Claimant putting forward an offer for the sale of the subject property of this action. The offer was in the amount of $63,000.00. The Adverse Claimant rejected the offer and made a counter offer of $180,000.00 inclusive of rent and mense profit owed and reminded the Petitioner of the demand letter previously sent to the Petitioner.

Petitioner's Submissions
17

The Petitioner submits that although the Court has the power to dismiss an application under the Quieting Titles Act without investigation and enquiry, this power cannot be exercised unless and until an enquiry has been made as pursuant to Section 17(1) Quieting Titles Act, 1959:-

“After the Court has completed the hearing of an application made under section 3 of this Act it may—

  • a) Dismiss the application;

  • b) Dismiss the application and grant a certificate of title in the form prescribed by section 18 of this Act to any person who shall have filed an adverse claim in accordance with provisions of section 7 of this Act;

  • c) Grant a certificate of title in the form prescribed by section 18 of this Act to the petitioner.”

18

It is the Petitioner's position that the Magistrate Court proceedings bear no weight on these proceedings as the Magistrate Court has no jurisdiction to deal with title to land. Section 52 of the Magistrate Act, Ch. 54 states:-

“Subject to the provisions of section 15 and section 23 of this Act a magisterial court shall have no jurisdiction to try summarily any case in which title to land or any interest therein is direct or incidentally in dispute.”

19

The Petitioner is entitled to have her claim to the property investigated by the Court for pursuant to Section 3 Quieting Titles Act “The Act” which states:-

“Any person who claims to have any estate or interest in land may apply to the court to have his title to such land investigated and the nature and extent thereof determined and declared in a certificate of title to be granted by the court in accordance with the provisions of this...

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