Joseph Wilberforce Horsford (as Administrator of the Estate of William Horsford, deceased) (Respondent) v Geoffrey Croft (Appellant) (Antigua and Barbuda)
Case ID: JCPC 2021/0060
Jurisdiction: Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda)
Whether the Appellant possesses a right of way over the land owned by the estate administered by the Respondent.
Joseph Horsford is the sole Administrator of the estate of William Horsford. Part of the estate included land now registered as Parcels 217 and 281. Parcel 217 is now owned by Geoffrey Croft, the Appellant, but Parcel 281 (a road adjoining Parcel 217) is still owned by the estate.
Mr Croft contends he is only able to access Parcel 217, where he has constructed his home, via the road now registered as Parcel 281, failing which his land is inaccessible. He therefore reaches his land by use of Parcel 281.
Mr Horsford claimed that Mr Croft has no right of vehicular access over the road known as Parcel 281 and demanded payment for vehicular use of the road. Mr Croft refused to pay the amounts demanded and issued a claim contending that the road was a public road. This claim was ultimately dismissed, with the Court of Appeal holding that it was a private road.
Mr Horsford then brought the present claim for trespass against Mr Croft. Mr Croft counterclaimed for a declaration that he had a right of way of necessity over Parcel 281.
The High Court dismissed Mr Horsford's trespass claim and granted a declaration that the Mr Croft had a right of way over Parcel 281. On appeal, the Court of Appeal set aside this decision, declaring Mr Croft had no right of way and injuncting him from entering the land with further damages to be assessed for the Mr Croft's unauthorised use of the estate's land.
Mr Croft now appeals to His Majesty in Council with leave of the Court of Appeal. The injunction has been stayed pending this appeal.
Joseph Wilberforce Horsford (as Administrator of the Estate of William Horsford, deceased)
Lord Lloyd-Jones, Lord Kitchin, Lord Sales, Lord Burrows, Lord Richards
Hearing start date
2 May 2023
Hearing finish date
2 May 2023
|2 May 2023||Morning session||Afternoon session|