Brown v Plummer

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Graham-Perkins, J.A.
• Judgment Date: 08 March 1974
• Neutral Citation: JM 1974 CA 11
• Docket Number: Resident Magistrate's Civil Appeal No. 11 of 1973
• Date: 08 March 1974

Court of Appeal

Luckhoo, J.A.; Edun, J.A.; Graham-Perkins, J.A.

Resident Magistrate's Civil Appeal No. 11 of 1973

Brown

and

Plummer

H. G. Edwards, Q.C. for the appellant

C.U. Hines for respondents

Tort - Trespass to land.

Graham-Perkins, J.A.

1 At the conclusion of the submissions herein on the 4th instant we dismissed the appeal and promised to put our reasons therefor in writing. This we now do.

2 Dorcas Brown is the widow of Walter George Brown who died on March 23, 1968, having appointed Foster Plummer and Wilberforce Beckford executors of his will. The deceased had lived with the respondent up to the time of his death at their home in Morris Hall, St. Catherine. By his will he gave to his wife everything of which he died possessed including two parcels of land, one of which comprised three and one-half acre on which their home was situated. After the death of her husband the respondent continued to occupy the matrimonial home and, as she said, ‘lived off the cultivation,” presumably of both parcels of land. While the respondent was so in occupation the appellant, a son of her late husband, arrived one night in a truck with a number of men and women at her home. He threatened to kill her and “kicked off a door.” The respondent reported this incident at a police station. She said that “police came and I showed them what happened. “Nevertheless she abandoned her home later that night and sought refuge in her sister's house, undoubtedly because of the threat to her life issued by the appellant. In the result the respondent brought an action in trespass against the appellant. Joining with her as a co-plaintiff was Foster Plummer, one of her late husband's executors. In his oral defence stated at the commencement of the trial the appellant asserted that he was ‘in possession of the land with the leave and licence of one of the executors Wilberforce Beckford. “In his evidence he said ‘I am not prepared to accept what is in the will.” While not expressly admitting the respondent's allegation the appellant did not deny that he had entered her home and damaged a door, Nor did he give any evidence in support of his assertion that he was in possession of the land. He did say, however, that he had asked Beckford to permit him to “reap the crop.” He called Beckford as his witness, Beckford said:

“I am co-executor with Plummer. Defendant is deceased's son. I saw defendant a few weeks after the deceased's death, asked me if he could reap and I gave him permission as he is the son and I the executor.”

3 In his reasons for judgment the learned resident magistrate expressed him self thus:

“…. it became a particularly heavy burden for Percy Brown to prove that his possession was lawful. The only evidence which he adduced (and which I rejected out of hand) was that of Wilberforce Beckford …”

4 It...