Henry & Anor v Henry (St Lucia)

[2010] UKPC 3
Privy Council Appeal No 2009 of 0024

JUDGMENT

(1) Theresa Henry (2) Marie Ann Mitchell v Calixtus Henry

From the Court of Appeal of the

Eastern Caribbean Supreme Court

(St Lucia)

before

Lord Hope
Lord Brown
Lord Mance
Lord Clarke
Sir Jonathan Parker

JUDGMENT DELIVERED BY

Sir Jonathan Parker

ON

17 February 2010

Heard on 4 November 2009

Appellant
Myriam Stacey
(Instructed by Myers, Fletcher and Gordon)

Respondent
Colin Foster

SIR JONATHAN PARKER :

This is an appeal from the Court of Appeal of the Eastern Caribbean Supreme Court, St Lucia. At issue in the appeal is the ownership of an undivided half share in a plot of agricultural land some 3.5 hectares in extent and situate at Jalousie, in the Quarter of Soufriere, St Lucia. The undivided half share in issue is that of Theresa Henry, the first appellant. The other undivided half share is vested in Marie Ann Mitchel, the second appellant. Marie Ann Mitchel's entitlement to her half share is not in dispute.

In the action, the respondent Calixtus Henry claimed to be entitled to Theresa Henry's half share in the plot on three alternative grounds. First, he claimed that a Deed of Sale dated 8 August 1999 whereby Theresa Henry purchased her half share from Geraldine Pierre was void on the ground that Geraldine Pierre, who was then, aged 95 and who died some two months later, lacked capacity. Secondly, he claimed title by adverse possession. Thirdly, he raised a claim of proprietary estoppel.

At trial, Mr Justice Cottle dismissed all three claims. He rejected the challenge to the Deed of Sale, and on the adverse possession claim he found that Calixtus Henry had been in possession of the plot with Geraldine Pierre's consent. As to the claim of proprietary estoppel, the judge found that Geraldine Pierre had promised Calixtus Henry that she would leave her share in the plot to him on her death if he cared for her until her death and cultivated the plot. However, the judge held that notwithstanding that Calixtus Henry had fulfilled those conditions, and that he had been induced to do so by Geraldine Pierre's promises, he had not thereby acted to his detriment; and that for that reason the proprietary estoppel claim failed.

The judge went on to give a second reason for dismissing the proprietary estoppel claim – a reason which he regarded as "more compelling" – namely that no promises had been made by Theresa Henry; that she was a purchaser for value; and that she had been a registered proprietor since 1999. He held that in those circumstances there were no grounds for disturbing her title to the half share.

Calixtus Henry appealed to the Court of Appeal on the issue of proprietary estoppel alone. On that issue, the Court of Appeal held that the judge had misdirected himself in his approach to the question of detriment. It went on to find, reversing the finding of the judge, that in reliance on…

JUDGMENT