Yearwood v Yearwood

• Jurisdiction: Barbados
• Judge: Rocheford, P.J.
• Judgment Date: 02 December 1981
• Neutral Citation: BB 1981 HC 71
• Docket Number: No. 972 of 1978
• Court: High Court (Barbados)
• Date: 02 December 1981

High Court

Rocheford, J. (Ag.)

No. 972 of 1978

Yearwood

and

Yearwood

Appearances:

Mr. L. Greenidge for the plaintiff.

Mr. C.A. Phillips and Mrs. M. Boyce of Messrs. Fields and Phillips for the defendant.

Real Property - Possession.

Tort - Trespass to land.

Rocheford, P.J.

1 The plaintiff Elizabeth Yearwood brought this action against the defendant Mildred Yearwood seeking damages for trespass by the defendant on or about the 19th July, 1976 upon 37143 square feet of land at Babbs in the parish of St. Lucy in her possession, a declaration that the defendant is not entitled to enter or cross the said parcel of land, an injunction to restrain the defendant from entering or crossing the said parcel of land and an account of the profits derived from the cultivation by the defendant of part of the said parcel of land from 1976 up to the date of this action and mesne profits thereafter.

2 The defendant, in her defence, pleaded that she has been in exclusive possession of the said parcel of land since about the year 1967 and that the plaintiff's title was, prior to the commencement of this action, extinguished by virtue of the provisions of the Limitation and Prescription Act, Chapter 232 of the Laws of Barbados. She also counterclaims in which she claims the said parcel of land as the qualified acting administratrix of the estate of her husband Percy William Yearwood, deceased, by virtue of the Succession Act, Chapter 249 and the Legitimacy Act, Chapter 216, her said husband being the heir-at-law of Druscilla Priscilla Yearwood deceased.

3 The plaintiff in reply to the defence stated that her late husband Theodore Nathaniel Yearwood, was in possession of the said parcel of land from the date of Druscilla Priscilla Yearwood's death on the 28th September, 1967 until his death on the 10th August, 1975 since then she has been in exclusive possession of the said parcel of land. The plaintiff also does not admit the counterclaim of the defendant.

4 Evidence was given by the plaintiff and her witness Sylvian Gilkes and by the defendant and her witness George Thompson.

5 I have accepted the evidence given by the witness for the, defence and I therefore find the following:

6 Druscilla Priscilla Yearwood gave birth to two children, Lloyd Yearwood born on the 24th January, 1924 by Elton Greaves and Percy William Yearwood born on the 1st November, 1930 by James Adolphus Jackman. She married Mr. Jackman on the 7th April, 1932. By the provisions of the Legitimacy Act, Chapter 216 which came into force on the 1st July, 1931 Percy William Yearwood was legitimated by this marriage. Mr. Jackman died on the 21st January, 1947.

7 In 1949 Druscilla Priscilla Yearwood, now Mrs. Jackman, purchased the parcel of land, the subject matter of this suit. She moved her board shop and shed roof on to this parcel of land and she lived there and cultivated the land. Some years later, Theophilus Nathaniel Yearwood, also known as James Nathaniel Yearwood, moved in to Druscilla Priscilla Yearwood's home and they lived together.

8 Percy William Yearwood and the defendant were married on the 30th June, 1955 and Druscilla Priscilla Yearwood and Theophilus Nathaniel Yearwood were married on the 7th December, 1955. Druscilla Priscilla Yearwood then obtained a Conveyance dated the 13th April 1957 for the said parcel of land and sometime during the year 1962 she and her husband built a wall dwellinghouse on the parcel of land and lived in that dwellinghouse. During the year 1967 and prior to the death of Druscilla Priscilla Yearwood, Percy William Yearwood commenced the building of a wall dwellinghouse on the said parcel of land.

9 Druscilla Priscilla Yearwood died on the 3rd October, 1967, intestate, and without having had a child of her marriage to Theophilus Nathaniel Yearwood. Her heir-at-law, Percy William Yearwood therefore became the absolute owner of this parcel of land. However, Theophilus Nathaniel Yearwood continued to live in the former matrimonial home but he never did cultivate the land. This was done by the heir-at-law Percy William Yearwood.

10 During the year 1969 Percy William Yearwood completed the building of his wall dwellinghouse. Also during the year 1969 the plaintiff moved in to the former matrimonial home and lived there with Theophilus Nathaniel Yearwood. They were married on the 26th November, 1970. Theophilus Nathaniel Yearwood died on the 7th October, 1973, having left the matrimonial property by his will to the plaintiff. She continued to live in the former matrimonial home but...