Montague v Cyrus

• Jurisdiction: Grenada
• Court: High Court (Grenada)
• Judge: Glasgow, J.
• Judgment Date: 03 October 2025
• Judgment citation (vLex): [2025] ECSC J1003-4
• Docket Number: CLAIM NO. GDAHCV2022/0242

In the Matter of the Possessory Titles Act No. 22 of 2016 of the Continuous Revised Laws of Grenada

and

In the Matter of An Application for a Declaration of Possessory Title to Land

Jenifer Montague

Applicant

[2025] ECSC J1003-4

Before:

The Hon. Justice Raulston Glasgow High Court Judge

CLAIM NO. GDAHCV2022/0242

IN THE SUPREME COURT OF GRENADA

AND THE WEST INDIES ASSOCIATED STATES

HIGH COURT OF JUSTICE

(CIVIL)

Appearances:

Afi Ventour and Aloytha Thomas of counsel for the applicant

Chandelle Delzin Bartholomew for Jeffry Cyrus, the party providing information to the court pursuant to section 15 of the Possessory Titles Act (“the Act”)

Glasgow, J.

1 On 30 ^th June 2022, the applicant (“Ms. Montague”) filed an application along with an affidavit seeking a declaration of possessory title to a parcel of land situate at Snug Corner in the parish of Saint George, Grenada, measuring Seven Thousand, Three Hundred and Fifty-Six Square Feet (7,356 Sq. Ft.) (“the land”).

Ms. Montague's evidence in support of her possessory title's claim

2 The affidavit in support of the application for the declaration sets outs the basis for Ms. Montague's request for possessory title to the land. Ms. Montague's affidavit states that –

• (1) She grew up on the land with her grandfather Daniel “Boysie” Chateau (referred to as “Chasteau” by Mr. Jeffrey Cyrus) and her grandmother, Olive Baptiste, now both deceased. Her grandfather lived in a “Janet house”;

• (2) She left the land in 1971, when her grandmother died but continued to reside there sporadically. In 1990, she moved back unto the land permanently. In that year her grandfather was injured in an accident, and she moved back into the house with him to take care of him;

• (3) The “Janet house” was damaged in 2004 by Hurricane Ivan and a new house was built on a different portion of the land;

• (4) She lived on the land with her grandfather, undisturbed, until 2008 when he died;

• (5) From 2008 when her grandfather died, she continued to reside on the land. From that time, she planted short-term crops such as chives, peppers and green peas. This, she claims, she has done to the exclusion of all others and with sole possession for more than 12 years;

• (6) Since being in possession, she has never accounted to anyone or recognised anyone as having a claim to or an interest in the property. No one has challenged her occupation;

• (7) The land is not currently mortgaged;

• (8) She has enjoyed the harvests and profits of the land “ without adverse claims by anyone and acknowledgement being given to any other person and have been in quiet and peaceful enjoyment of the Land in excess of twelve (12) years.” 1

• (9) No one has approached her, made a claim to or written demand regarding any interest whatsoever in the land. To the best of her knowledge, no one claims or is capable of claiming title to the land. In that regard, she has not withheld any information from the court but has, to the best of her knowledge and belief, disclosed the truth regarding the title to the land and her claim for a declaration of possessory title.

3 Ms. Montague filed two affidavits in support of her application; one from Mr. Andrew Thomas and another from Ernest Forrester. Both Mr. Thomas and Mr. Forrester state in their affidavit that they know Ms. Montague and her grandfather. Both affiants detail, in a manner similar to Ms. Montague, that Ms. Montague and her grandfather resided on the land for a considerable period. They outline the story of Mr. Chateau's injuries and Ms. Montague's occupation both prior to and subsequent to the passing of Mr. Chateau.

Mr. Cyrus' concerns about Ms. Montague's application

4 On 11 ^th August 2022, one Cecil McMillan (“Mr. McMillan”) entered an appearance to Ms. Montague's application for the grant of a declaration of possessory title. The entry of appearance states it was filed pursuant to section 9 of the Act to oppose the grant of declaration of possessory title to Ms. Montague. Section 9 of the Act stipulates that the person who files an appearance “ not later than twenty-one days after the date of entry of the appearance, file in the Registry a written claim setting out the name of the person who has the title to the piece or parcel of land and a statement of the facts on which the claim is founded”.

5 No written claim was filed in these proceedings within twenty-one days of the appearance. However, on 26 ^th October 2022, one Jeffrey Cyrus filed an affidavit in which he claims to be a person with relevant information to assist the court in its deliberation on Ms. Montague's application. His affidavit indicates that he provided the information further to section 15 of the Act. That section permits a person, whether they have an interest in the subject land or not, to provide information to the court regarding the subject lands. Mr. Cyrus provided a lengthy affidavit.

6 In his affidavit, Mr. Cyrus outlines that –

• (1) He has personal knowledge of the land which is a portion of land owned by his cousin, Mr. McMillan. He also knows Ms. Montague since he is the caretaker of the whole of Mr. McMillan's land of which the land forms a part. In his capacity as caretaker, he has spoken to Ms. Montague about her “ regarding her temporary and permissive use of the portion of land which she now seeks to claim” 2;

• (2) In respect of Ms. Montague's claim to the 7, 356 sq. feet of land, he is of the view that Ms. Montague occupies a much smaller area of land;

• (3) Mr. McMillan is the paper owner of the whole of the land including the claimed land by way of a deed dated 22 ^nd October 1984 and registered in the Deeds and Land Registry in Liber C9X – 97 at page 433. Mr. Cyrus pays taxes for the land on behalf of Mr. McMillan who resided overseas for many years. Mr. McMillan is now deceased;

• (4) The whole of the land has been owned by the Williams and McMillan family for many years. With respect to ownership of the larger lot, Mr. Cyrus states at paragraphs 8 and 9 of his affidavit that –

  “8. As far as I am aware, Cecil's late grandfather, Harold Edward Williams was the owner in possession of the larger lot for many years and died in possession thereof. Thereafter, his grandmother, Lillian and Lennard Williams became seised of the larger lot. By the Indenture above, Cecil purchased the larger lot from the said Lillian and Lennard Williams for value. 9. Before the conveyance of the larger lot to Cecil in 1984, his mother, Phyllis Williams was the person managing and controlling the larger lot. She did so for several years and had never abandoned possession of the same. In fact, she regularly visited the larger lot whenever she returned to Grenada (almost annually) and remained in contact with those to whom permission to temporarily occupy the same was given, including the Applicant…”

• (5) He has seen the survey plan produced by Ms. Montague in support of her claim. While he cannot confirm the boundaries, he can say that the claimed land forms part of the larger lot belonging to Mr. McMillan.

• (6) He is aware that several years ago, Mr. McMillan's grandfather permitted Mr. Chateau to construct a small chattel house on a small portion of the larger lot (the smaller portion of land is referred to by Mr. Cyrus as “the small house spot”) since Mr. Chateau had nowhere else to live. He reiterates that the small house spot is a much smaller area of land than the land claimed by Ms. Montague;

• (7) Mr. McMillan's grandfather did not employ Mr. Chateau but Mr. McMillan's grandfather did pay Mr. Chateau a small sum of money for gardening and maintenance services provided by Mr. Chateau;

• (8) It was well known that the arrangement between Mr. Millan's grandfather and Mr. Chateau was one of a licence that provided for Mr. Chateau to erect a small chattel house on the small house spot to live with his live in partner, Ms. Olive Baptiste. This licence, Mr. Cyrus claims, was granted to Mr. Chateau by Mr. McMillan's grandfather out of the kindness and affection that Mr. McMillan's grandfather had for Mr. Chateau. There was no gift of the small house spot to Mr. Chateau and Mr. Chateau never sought to assert any rights to ownership of the same as now claimed by Ms. Montague.

• (9) In fact, at all times, Mr. Chateau acknowledged the title of Mr. McMillan's grandfather, then his grandmother and thereafter Mr. McMillan. Mr. Chateau consulted with Mr. McMillan's grandparents with respect to anything that he wished to do on the small house spot. Even after the larger lot was conveyed to Mr. McMillan, his mother, Phyllis, acted as his agent regarding the larger lot. Mr. Chateau and Ms. Montague recognised that they had no interest in the claimed land or in the small house spot. This is the reason why Mr. Chateau did not plant permanent crops on the small house spot or the claimed land;

• (10) At no point was Mr. McMillan's grandparents out of possession of any of the land. Mr. McMillan's grandmother migrated to England over 60 years ago, but she returned annually and visited all of the land;

• (11) Mr. McMillan and his predecessors have allowed other persons to occupy portions of the larger lot with the same understanding regarding Mr. Chateau's occupation. None of those persons have claimed or attempted to lay claim to nay part of the land;

• (12) Mr. Chateau was indeed injured in 1990, but it is untrue to say that Ms. Montague grew up on the claimed land. She was born in Willis and lived overseas in Trinidad for quite some time. It was from Willis that she visited Mr. Chateau as a child. Her residence with Mr. Chateau only commenced when he was injured in 1990 and she came to stay with him to care for him;

• (13) When Ms. Montague came to reside with Mr. Chateau, she did so with the permission of Mr. McMillan and his forebears. There was no quarrel with the arrangement which allowed her to stay with her grandfather, Mr. Chateau, as it was...