Ebanks (I.) v Ebanks (R)

• Jurisdiction: Cayman Islands
• Judge: (Williams, J.)
• Judgment Date: 22 March 2018
• Date: 22 March 2018
• Court: Grand Court (Cayman Islands)

EBANKS (I.)

and

EBANKS (R.)

(Williams, J.)

Grand Court (Cayman Islands)

Land Law — land adjudication — summary possession proceedings

Held: The main purpose of O.113 was to provide a speedy and effective procedure for the owners of land to evict persons who had entered or taken occupation of the land or who remained on the land without the owner’s licence or consent. Such proceedings should only be brought when there appeared to be no dispute. In the present case, it was clear that the plaintiff was aware prior to issuing her originating summons that if summary proceedings were brought they would be disputed by the defendant raising triable issues. If the matter were to remain contested, the use of the summary possession procedure rather than ordinary possession proceedings would not be appropriate. With the consent of the parties, the matter would be adjourned rather than dismissed, as dismissal might result in delays and increased legal costs due to the plaintiff being required to bring separate ordinary possession proceedings (Henderson v. Law, 17 HLR 237, dicta of Griffiths, L.J. considered; Crancour Ltd. v. Da Silvaesa, 18 HLR 265, considered). A listing for a further hearing would afford the parties, in the interim, a chance to reconsider their positions in light of theadditional material in the probate file. If the parties did not reach agreement concerning the property, it was possible that the summons would be dismissed at the next hearing.

Legal title to a property had been transferred to the plaintiff and her sister by their father, who was now deceased. The transfer had been registered at the Land Registry. The plaintiff’s brother, the defendant, alleged that he had helped to build the property and that his father had...