Griffin v Montserrat Land Development Authority

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Peterkin, J.
• Judgment Date: 20 November 1984
• Neutral Citation: MS 1984 HC 2
• Docket Number: No. 36 of 1983
• Date: 20 November 1984

High Court

Peterkin, J.

No. 36 of 1983

Griffin

and

Montserrat Land Development Authority

Real property - Landlord and tenant — Termination of Tenancy

Facts: The plaintiff was a farmer in possession of certain farm lands and the defendant authority a statutory body charged with the responsibility of administering Government lands. The plaintiff was informed that his lands were required for development by the Government and the plaintiff refused to give up his lands. The Authority subsequently entered into possession of the lands occupied by the plaintiff and the plaintiff's cattle were removed to another location. The point for determination was whether the plaintiff had not agreed to accept the new location so that the Authority would have been obliged to pursue the procedure laid down in the Agriculture Small Holdings Act, Cap. 88.

Held: The Authority was liable for trespass and for the subsequent acts of its employees since it did not comply with the Act. Five of the plaintiff's cattle had died as a consequence. The court would bear in mind in assessing damages the fact that the plaintiff lost the use of his former farm land for at least a year. Damages for the plaintiff assessed at $7,500.00.

1 Peterkin, J. (Acting): Plaintiff was at all times material to this action a farmer in possession of certain farm lands at Amersham, Montserratt, and the defendant, Montserrat Land Development Authority, hereinafter referred to as the “Authority”, a statutory body charged with the responsibility of administering Government lands. The facts and circumstances as I find them are as follows:–

2 The plaintiff first occupied his farm in 1972. It was comprised of areas previously belonging to Richard Herbert, James Pond, and the Government. The grass was established for quite some time when plaintiff went into occupation, and the fences were in a reasonable condition. The evidence of Nymphas Meade, retired Director of Agriculture, is that it was an established pasture and fenced, and that most of it was planted in pangola grass of good growth. James Osbourne's evidence is that plaintiff was paying a higher rental than most because the land was rented to him already fenced and in pangola grass. All this evidence I believe. As I see it, the only work plaintiff would have to do was general maintenance. I therefore reject evidence on this aspect of the matter which I regard as being totally exaggerated.

3 It transpired during the course of the evidence that plaintiff was a yearly tenant of the defendant, and this has been conceded. His farm was approximately 11.4 acres in extent. He kept cattle, and the evidence is that he was an average farmer, and that his animals were kept in fair condition.

4 Some time in 1977, James Osbourne who was then working with the Authority, and who later retired as Manager of the Authority in 1984, spoke with the plaintiff. He informed him that Government has decided that the area which included his farm, among others, was needed for development. He could not then tell the plaintiff at what date it would be needed because that had not yet been decided. Mr. Osbourne's evidence is that the plaintiff was very incensed about the whole thing.

5 Some time between April and June of 1979 the plaintiff was again approached, this time by Mr. William Ryan of the Authority. Mr. Ryan informed the plaintiff that his farm was required for development and that the Medical School was to be built there. The following is his account:–

“I told him the farm was required for development. This was in April to June, 1979. Somewhere in 1979. The plaintiff said he was not moving. I told him he was informed earlier about it and he was also offered new lands which the Land Development Authority was prepared to assist him in developing. He said he was not going up there. He explained it was a colder area. I told him it was only about half mile...