Christian v McLaughlin
| Jurisdiction | Cayman Islands |
| Judge | Hercules, J. |
| Judgment Date | 18 May 1979 |
| Court | Grand Court (Cayman Islands) |
| Docket Number | Cause No. 559 of 1977 |
| Date | 18 May 1979 |
Hercules, C.J. (Ag.)
Cause No. 559 of 1977
Grand Court
Practice and procedure - Land adjudication.
Held: No reason from the record or from arguments adduced by appellant why court should interfere with the Adjudicator's findings.
Facts: Dispute between parties as to ownership of parcel of land — Adjudicator found that respondent's claim to the parcel was based on good documentary title and that there was oral evidence of possessory title — Petition by appellant failed — Appellant disregarded entirely all his grounds of appeal and merely read to the court what had transpired at the Adjudication and Petition proceedings —
The appellant in person
Mr. W. W. Connolly for the respondent
This is an appeal by Charles Christian hereinafter called the appellant against the decision of an Ad judicator in a land dispute.
The matter was heard before this court on the 30 th of April 1979, and the acts are as set out hereunder.
On the 8 th of December 1976 claim number 120–12 was filed in the name of Charles Christian and on the same date, recorded on the same document, claim number 10364 in the name of the Estate of Ennis McLaughlin, was also filed. Another claim number 9578 by Geraldine Ellet McCoy was also filed on the said date.
The result of that claim was in favour of the appellant herein, and is of no significance whatever in this appeal. Both parties thereto appeared to have accepted the decision of the Adjudicator.
The dispute in respect of claims 10212 and 10364 was gone into by the Demarcator, the matter was then referred to an Adjudicator in accordance with section 15 (1) (b) of the Land Adjudication Law.
The hearing of the disputes concerning all these matters was commenced before the Adjudicator on the 6 th of April 1977 and they were all concluded on the 20 th of May 1977. The Adjudicator found in dealing with the claims of party (a) and party (c) to the dispute that:—
“The claim of party (c), that is, the Estate of the respondent herein, to the eastern portion, is based on a properly recorded Deed of conveyance from Aldermon Connolly to Ennis McLaughlin, dated 20 th March 1942. This is a good documentary title as defined in section 16 (2) (b) of the Land Adjudication Law, 1971
In addition the evidence of Betram Connolly was that he lead taken care of the land for 14 years, for and on behalf of the McLaughlin's family, visiting it regularly and maintaining the boundaries.”
The good documentary title referred to by the Adjudicator is a Deed or Conveyance duly recorded in the Public Records Office of the Cayman Islands and dated the 29 th July 1969 for the sale of the parcel of land whose boundaries are therein defined. Section 16 (2) (b) of the Land Adjudication Law defines “Good Documentary Title” as “title evidenced by documents which establish that a person is entitled to land in fee simple and commencing with a grant, conveyance, assignment, mortgage or other good root of title, which is more than 12 years old.”
The disputants in this matter were both claiming a parcel of land which is very clearly demarcated on a survey map put into the proceedings before the adjudicator and dealing with a parcel of land delineated as block 65 (A) and marked Exhibit A. Both parties to the dispute were claiming the parcel of land on which the notation 120–12 v. 10364 is clearly seen.
And so the Adjudicator having had all the evidence, documentary and oral before him says, incoming to his decision:—
“My decision in respect of the eastern parcel in dispute between party (A) and party (C) has established a claim on two grounds, viz, documentary and possessory title. The claim of party (C) succeeds, and title is absolute.”
The appellant herein being aggrieved by the decision filed a petition dated the 22 nd July 1977 in accordance with section 20 of the Land Adjudication Law. This petition was heard on the 1 st of September 1977.
From the record it appears that these entire proceedings were characterized by what can only be described as very...
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