Cynthia Cowell v Vivian Watkis

IN 'THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

SUIT NO. E. 249 OF 2001

BETWEEN CYNTHIA COWELL CLAIMANT

AND VIVIAN WATKIS DEFENDANT

Keith Bishop instructed by Keith Bishop & Co. for claimant.

Mrs. Jacqueline Ci~mmingsin structed by Archer & Ci~mmingsfo r defendant

Heard: Julv 1st November 22" 2004 and December 12,2005

JONES, J.

[I] Cynthia Cowell is annoyed. She claims Vivian Watkis has trespassed on her land, and

refuses to leave. She says she is entitled to the land as executrix of the Estate of Seaford

Watkis, her uncle, who had obtained Letters of Administration for the Estate of Sam~~el

Watkis. Vivian Watkis tells a different story; he claims he is legally entitled to the land by

way of inheritance or adverse possession. Vivian Watkis says that Samuel Watkis was the

original owner of the land jointly with his sister Rosella Watkis. His claim to the land is

through Rosella Watkis who, he says, was his great grandmother. He says that he was

raised by his grandmother who lived on the land, and that he has lived there all his life.

Whatever the rights and wrongs in relation to the issue of inheritance or adverse

possession, plainly, little love is lost between these two family members. The nub here is

entitlement to inherited property.

[2] The following facts are not in dispute: