Carriacou Devcor Ltd (Appellant) v Margaret Corion and another (the Personal Representatives of the Estate of Samuel Corion, Deceased) (Respondents) (Grenada)
Case ID: JCPC 2020/0084
Jurisdiction: Court of Appeal of the Eastern Caribbean Supreme Court (Grenada)
Case summary
Issue
Whether the trial judge and the Court of Appeal were correct to find that: (i) the land was part of the Grand Ance Estate and therefore conveyed by the 1914 conveyance; (ii) it was for the appellant to prove that the land was foreshore; (iii) there was insufficient evidence to establish that the land, or part of it, was foreshore.
Facts
This appeal concerns the title to some land in Tyrell Bay on the island of Carriacou, in Granada. The first appellant, Carriacou Devcor, took possession of the land in May 2013 after being told by the government of Grenada that it would receive a lease of the land to undertake a marina development. Some works were begun on the land.
The respondents then alleged that the land formed part of the estate of Samuel Corion, deceased, and requested that Carriacou Devcor vacate the land. In July 2014, the respondents issued a claim seeking a declaration that the estate was the owner of the land.
The trial judge ruled in favour of the respondents and found that the land was part of some property, known as the Grand Ance Estate, that was conveyed to Samuel Corion in 1914. She further held that the fact that the land was swamp was not sufficient to establish that it was foreshore, which would have raised a presumption that it was Crown land.
The Court of Appeal dismissed the appellants’ appeal, holding that there was insufficient evidence to establish that the land was foreshore and that the judge had been entitled to find that the land was part of the Grand Ance Estate. The appellants now appeal to the Judicial Committee of the Privy Council.
Parties
Appellant(s)
Carriacou Devcor Ltd (formerly Carriacou Development Corporation)
Respondent(s)
Margaret Corion and another
Appeal
Justices
Lord Lloyd-Jones, Lord Briggs, Lord Hamblen, Lady Rose, Lord Richards
Hearing start date
24 October 2022
Hearing finish date
24 October 2022
| Watch hearing | ||
|---|---|---|
| 24 October 2022 | Morning session | Afternoon session |
Judgment details
Judgment date
17 January 2023
Neutral citation
[2023] UKPC 1