Esther Knights v Jason Mungal and Commissioner of State Lands

• Jurisdiction: Trinidad & Tobago
• Court: High Court (Trinidad and Tobago)
• Judge: Mohammed, J.
• Judgment Date: 21 May 2025
• Neutral Citation: TT 2025 HC 148
• Year: 2025
• Docket Number: Suit No.: CV2023-01139

Esther Knights

and

Jason Mungal and Commissioner of State Lands

Mohammed, J.

Suit No.: CV2023-01139

High Court

Appearances:

Ms. Natasha Samuel for the Claimant.

Ms. Nicole Marajh for the Defendant.

Ms. Sarana Maharaj for the Interested Party.

DECISION ON APPLICATIONS TO STRIKE OUT: (1) CLAIM; AND (2) DEFENCE AND COUNTERCLAIM

I. INTRODUCTION & PROCEDURAL HISTORY

Mohammed, J.

1 Before the Court for decision are two applications — one filed by the Claimant and the other filed by the Defendant — to strike out each other's respective cases.

2 By Claim Form and Statement of Case filed on 13th April 2023, the Claimant instituted proceedings against the Defendant seeking the following reliefs:

• (a) A declaration that she is the legal and registered lessee of a parcel of leasehold land known as Lot # 7 Patna Village Food Garden, Diego Martin and more particularly described in Deed dated the 7th June, 2022 and registered as DE202201655639;

• (b) An order that the Defendant do deliver up possession of all that portion of the subject land known as Lot 7, being the Claimant's land encroached upon by the Defendant as shown in the survey plan dated 27th January, 2022, prepared by Arnold Ramon-Fortune.

• (c) An order that the Claimant is entitled to possession of all that parcel of land comprising 1.0627 hectares or 2.6261 acres known as Lot 7 be the same more or less, together with a Right of Way more particularly described in Schedule to Deed dated the 7th June, 2022 and registered as DE202201655639;

• (d) An order that the Defendant do forthwith pull down and remove the galvanised fence erected by the Defendant his servants or agents on or about the 24th January 2021 on and along the south eastern to the south western portion of the Claimant's land located at Lot # 7 Patna Village Food Garden, Diego Martin in the Island of Trinidad.

• (e) An order compelling the Defendant, whether by himself, his servants and/or agents or otherwise howsoever, to restore the boundaries of the subject parcel of land as shown on the survey plan annexed to the Claimant's Deed of Lease dated the 7th June, 2022 and registered as DE202201655639.

• (f) Injunctive reliefs.

3 In response to the Claim, the Defendant filed his Defence and Counterclaim on 29th September, 2023, which was amended on the 27th January 2024. The reliefs sought in the Counterclaim included:

• 1. A declaration that by virtue of the Defendants' undisturbed possession for more than 30 years of All and Singular that certain piece or parcel of land situate in the Ward of Diego Martin in the County of St. George in the Island of Trinidad comprising 0.63 hectares or 1.56 acres be the same more or less together with a Right of Way and bounded on the North partially by R. James and A. Doyle on the South partially by E. Knights and a road reserve on the East partially by A.Shui Fang, N. Creighton, B. Hill and a road reserve and on the West partially by W. Gittens, W. Francis and E. Knights.

• 2. A declaration that the Defendant is the Equitable Owner and/or has an equitable interest in the Claimants' lands.

• 3. An injunction restraining the Claimant whether by herself, her servants and/or agents from entering upon and/or interfering with the Defendant's use and/or occupation and/or quiet enjoyment of All and Singular that certain piece or parcel of land situate in the Ward of Diego Martin in the County of St. George in the Island of Trinidad comprising 0.63 hectares or 1.56 acres be the same more or less together with a Right of Way and bounded on the North partially by R. James and A. Doyle on the South partially by E. Knights and a road reserve on the East by partially by A. Shui Fang, N. Creighton, B. Hill and a road reserve on the West partially by W. Gittens, W. Francis and E. Knights.;

• 4. Damages;

• 5. Damages for trespass;

• 6. Interest thereon as the court may deem fit;

• 7. Costs;

• 8. Such further/and other relief as this Honourable Court may deem fit.

4 The Claimant filed a Reply to the Defence and Counterclaim on 29th February, 2024.

5 On 3rd May 2024, the Claimant filed the subject application to strike out the Defendant's Defence and Counterclaim or part thereof on the basis that it discloses no grounds for defending the Claim and that the Defendant has no locus standi to obtain the reliefs sought in the Counterclaim.

6 On even date, the Claimant also filed an application for injunctive relief to prohibit the Defendant from removing and destroying several trees and vegetation on the said land to erect a galvanised fence and to compel him to remove the galvanised fence erected on the subject parcel of land on 24th January 2021.

7 On 8th May 2024, the Commissioner of State Lands (‘COSL’), Ms. Paula Drakes, who was added as an Interested Party to the proceedings, filed an affidavit on behalf of the State.

8 On the 5th June 2024, the Defendant filed an affidavit in opposition and its own application to strike out the Claimant's Claim Form and Statement of Case on the basis that it discloses no grounds for bringing an action against the Defendant. The Defendant argued that the Claimant had no locus to institute the claim as the Deed she relied on was of no legal effect. In the alternative, permission was sought to amend its Counterclaim to include the reliefs seeking declarations for the Claimant's lease registered as DE202201655639 and Deed of gift registered as Deed No. 18966 of 1998 be struck off the register by the Registrar General and/or declared null and void.

9 Written submissions were filed by the Claimant and Defendant in respect of the subject applications on 6th September 2024, and the Claimant filed a Reply on 26th September 2024. Having considered the applications and submissions of the parties, the Court finds that Defendant's application to Strike Out the Claim Form and Statement of Case is without merit and stands to be dismissed. On the other hand, I find that the Claimant has proven that the Defendant has advanced an unwinnable case, and I rule that the Amended Defence and Counterclaim be struck out in its entirety. The Court's reasons for its decision are detailed hereunder.

II. FACTUAL BACKGROUND

CLAIMANT'S CLAIM

10 In or about the year 1969, the Claimant's father, Newton Bartholomew (hereinafter called Mr. Bartholomew), began to occupy the subject parcel of land and raised and bred pigs as livestock and built several pig pens to accommodate them. Later that year, he constructed a four-bedroom concrete structure on the subject land where he lived with his common-law Wife, Geraldine Robinson, and children.

11 In 1971, by Deed of Lease registered as 10640 of 1971, Mr. Bartholomew was granted a Standard Agricultural Lease of the subject parcel of land more particularly described as Allotment No. 7 Patna Village Food Gardens, Diego Martin comprising Two Acres Two Roods and 20 Perches (“the subject land”) for a period of 25 years by the Governor General and Intendant of Crown Lands.

12 As the general area started to develop, Mr. Bartholomew switched his attention from raising and breeding pigs to planting various short- and long-term crops whilst maintaining, cleaning and clearing the subject land. He also planted a number of fruit trees such as mango trees, sweet peppers, oranges, limes, lemons and pommecythere. There are over 33 mango trees on the land prior to the Defendant's occupation.

13 By 1983, Mr. Bartholomew encouraged the Claimant to build a dwelling house on the subject land, and she subsequently constructed same to the south eastern portion of the main residential home. The Claimant and her then-husband resided in the second structure and continued to maintain the subject land.

14 By letter dated the 25th November, 1992, Mr. Bartholomew, through his Attorney at Law, wrote to the Director of Surveys seeking the absolute assignment of the subject parcel of land to the Claimant.

15 By Deed of Gift dated the 11th day of February, 1998 and registered as 18966 of 1998, Mr. Bartholomew transferred his right, title, share and interest in the subject land to the Claimant.

16 By September 1998, Mr. Bartholomew died. The Claimant and her then-husband continued to manage the subject land whilst maintaining the various long-term and short-term crops and trees. The Claimant asserted that she treated the land as her own prior to and subsequent to her father's death and paid the lease rent, the land and building taxes for the applicable year.

17 By letter dated the 22nd September, 2004, the Land and Surveys Division agreed to grant to the Claimant a Standard Agricultural Lease of the subject land. The Lease was for a term of 30 years with an option to renew for a further term with 10-year rent reviews. By letter dated the 6th day of October, 2004, the Claimant accepted the terms of the Letter of Offer issued by the Lands and Surveys Division and appointed Indar Ragoo as the Surveyor to survey the subject parcel of land.

18 The survey plan of the subject parcel of land was subsequently completed by one Michael Awang, Land Surveyor, on the 31st March, 2009. The survey confirmed the boundary lines to the subject parcel of land, and it was discovered, at the time of the 2009 survey, that the Defendant, his servant and/or agent, was in the process of constructing a dwelling house on a portion of the subject land without the Claimant's consent.

19 Despite the Claimant's Acceptance of Offer Letter in 2004 for the granting of the Agricultural Lease, by the year 2009, the Claimant had not yet received the Deed of Lease.

20 Sometime in or about the year 2019, the Claimant appointed her brother, Dave Durant, as her lawful appointed Attorney, and he assisted the Claimant to maintain the subject land and renovate the buildings on the land. He maintained and planted additional short-term crops on the land, including pimento peppers and tomatoes, crates of sweet peppers and...