Martha Joseph and another (Appellants) v Roman Catholic Archbishop of Port of Spain and another (Respondents) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0003

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Martha Joseph, as Legal personal representative of the estate of Lorna Joseph and Dean Joseph

Respondent(s)

The Roman Catholic Archbishop of Port of Spain

The Chaguaramas Development Authority

Issue

(1) Whether the Court of Appeal was correct that the appellants’ counterclaim for adverse possession against the second respondent was not procedurally compliant and was in fact an ancillary claim? (2) Whether the trial judge was wrong not to make a declaration in favour of the appellants for adverse possession of the annex on the second respondent’s property?

Facts

‘Copperhole’ is a one-acre property on Monos Island. In 1972, the entirety of Monos Island, including Copperhole, was vested in the second respondent, the Chaguaramas Development Authority (“the CDA”). The first respondent (“the Church”) claims rights of occupation over Copperhole, based on its use of a building on the property as a scout house since the 1950s. The first appellant, Mrs Lorna Joseph, lived in an annex to the scout house with her husband Mr Patrick Joseph (also known as ‘Khaki’) and her children, including the second and third appellants (together “the Josephs”). The Josephs and the Church co-existed at Copperhole until 2004, when Mr Joseph stopped the Church from using the scout house. This gave rise to a dispute over who had the right to occupy Copperhole. In 2007, the Church brought a claim against the Josephs asserting the right to occupy all of Copperhole. The CDA was joined as a party by the Church to shed light on the occupation of the property. The Church claimed they had brought Mr Joseph to Copperhole as a caretaker of the property. The Josephs denied this and brought a claim against the CDA claiming adverse possession of all of Copperhole. The Josephs claimed their grandfather had lived at Copperhole before the Church. Mrs Joseph died before the trial and was therefore unable to give evidence. The trial judge held that the Church had proved its possession of the scout house, but not the annex or any other part of Copperhole. The judge also held that the Josephs’ claim against the CDA was not procedurally compliant and they had failed to prove possession of any part of Copperhole. The Court of Appeal dismissed the Josephs’ appeal. The Josephs now appeal to the Judicial Committee of the Privy Council.

Date of issue

15 January 2025

Case origin

PTA

Appeal

Justices

Lord Briggs

Lord Hamblen

Lord Burrows

Permission to Appeal

Permission to Appeal decision date

30 April 2025

Permission to Appeal decision

Refused

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