Small v Lovell

• Jurisdiction: Barbados
• Judge: Williams, C.J.
• Judgment Date: 04 March 1988
• Court: Divisional Court (Barbados)
• Docket Number: No. 63 of 1986
• Date: 04 March 1988

Divisional Court

Williams, C.J.; Husbands, J.

No. 63 of 1986

Small

and

Lovell

Mr. D.K. Rawlins for the appellant.

Mrs. F. Seale for the respondent.

Real property - Landlord and tenant — Appeal against refusal of magistrate to make order requiring tenant to give up possession of house spot — Tenantries Freehold Purchase Act, 1980 — Appeal dismissed.

Williams, C.J.

1 This is an appeal by a landlord Ernest Small against the refusal by a magistrate to make an order requiring a tenant Violet Lovell to give up possession of a house spot at Risk Road, Fitts Village, St. James. The magistrate found as follows:

“The Court, after carefully considering all the evidence, found that the house spot of land now in possession of the respondent (tenant) forms part of a portion of land owned by the appellant on which there are three other tenants: viz Neville Best; one Ivan Simmons and one George Haynes and is therefore a tenantry within the meaning of S.2 of the Tenantries Freehold Purchase Act, 1980-53.

The Court also found that the respondent occupied the lot from the appellant from May 1, 1972 hence the respondent is a tenant within the meaning of s. 2 of the Act and also a qualified tenant within the meaning of s. 4(2)(a) of that Act with the right to purchase the freehold of the lot of which she is the tenant.

The Court found too that the respondent on September 15, 1983 gave notice to exercise her right to purchase pursuant to section 7 of the Act and in the circumstances dismissed the appellant's application for recovery of possession.”

2 The Tenantries Freehold Purchase Act 1980-53 came into operation on November 1, 1980 and, according to its long title, is “an Act to provide a right for tenants of lots in certain tenantries to purchase the freehold in those lots; to alter section 16 of the Constitution to assure the constitutionality of that right; and to provide for matters related or incidental thereto.” Section 4 (1) provides, inter alia, that notwithstanding any other law or any term or condition of any lease, contract or licence relating to a tenancy, it is a term or condition of every tenancy within a tenantry that the tenant, as of right and at his option may, if he is a qualified tenant, purchase the freehold of the lot of which he is a tenant at a prescribed price.

3 The provisions of the Act that are relevant to this appeal are set out hereunder: in section 2 “tenantry” is defined to mean...