Judge gives family deadline

FOR the families of Happy Hill, Siparia, Christmas was not as happy as planned. It was their last Christmas after 22 years living on Happy Hill. On orders of High Court Judge Peter Jamadar, they must leave lock, stock and barrel before Christmas 2004.

Two weeks ago, Justice Jamadar brought the curtains down on a 21-year-old legal battle in the High Court between four families and an elderly landlord for ownership of a parcel of land. The court’s ruling was formalised last week in which Justice Jamadar ordered that Sonny Fortune, Katherine Lazay, Yukliff Aping and George Smith, vacate the lands of Joseph Vidal Harry, on or before November 2004. It was a ruling by consent between the families (defendants) and landlord Vidal Harry (plaintiff), but it was a bitter pill to swallow. This was borne out by 80-year-old Lazay’s sobs as she tearfully murmured to Justice Jamadar: “But I have no where to go. I cannot leave...I live alone.”

The predicament of the families evoked sympathy from the judge and attorneys alike. But Justice Jamadar then brought to an end a case which had been tied up in the bureaucracy of the court process since 1984 — 21 years. The Happy Hill troubles began in 1961. The first owner the land was the La Divina Pastora Catholic Church, Quinam Road, Siparia. According to court documents filed in the Sub-Registry, San Fernando, on February 25, 1985, Smith in reply to a lawsuit by Vidal Harry, stated that the man who gave them the green light to occupy the land was Hubert Rubespierre Titus. 

In fact, all four defendant families pleaded that Rubespierre, now deceased, informed them that he was the true executor of the will of Mary Bartlett who purportedly owned the lands. They entered, built dwelling houses where they raised separate families of about 20 persons in and around 1974. But Vidal Harry pleaded in documents filed on September 4, 1984, that Philoma Olga St Bernard, mother of Kelvin Persad and Errol Persad, was the executrix of Bartlett’s will and not Titus. The Persads inherited the lands and according to Vidal Harry, Titus was not the executor. Vidal Harry filed documents in the proceedings in which he was granted power of attorney by the Persads on April 1984. Vidal Harry purchased the lands from the Persads. A certificate of title of Vidal Harry’s ownership was tendered in the bundle of documents.

The case remained tied up in court for 15 years. Much of the delay was due to the death of some of the parties to the action including persons named in the will. Documents had to be re-filed to substitute the parties as defendants and plaintiffs. The action, according to court records, came up for hearing on about 125 occasions. By that time, Fortune’s son, Andy, Lazay, Aping and Smith, had long established their homes and were living with their families on the lands. On December 14 when Vidal Harry’s case against these defendants was called in the First Civil Court, Justice Jamadar expressed shock and dismay that after 21 years, the case was still pending. Vidal Harry, now 79, sat in court with his attorney Khemraj Harrikissoon. The defendants, including Andy and Lazay, were present. But they were unrepresented.

Justice Jamadar asked the defendants: “Yes, what are you all doing today? This matter is going on.” Harrikissoon asked for an adjournment because Andy had to file documents to substitute.
JUDGE: “There will be no adjournment; this is a 21-year-old case. No...no, let me hear the defendants...where are your attorneys?”
Andy, Lazay, Aping and Smith were unable to offer any explanation.
JUDGE: “This case is going on today with or without attorneys. Bring your documents, whatever you have.” Justice Jamadar then went on to inform the defendants that pursuant to an order of former temporary judge Stanley Marcus last year, Titus lost his case to be declared the executor of the estate.
JUDGE to the defendants: “In other words, Titus had no lands. And if he had no lands, he could not have given permission to you all to occupy.” Justice Jamadar continued: “Make up your minds this morning what you want to do. Titus could not have given what he did not have.” The judge then called on Vidal Harry, who stood up in court.
JUDGE: “Tell me, what do you wish to do?” Vidal Harry said he wanted the land to give to his children. Lazay broke down in tears and murmured: “I have no where to go, where I will live?” Smith repeated the same words, but Justice Jamadar, saying that he was indeed touched by the predicament the defendants had found themselves in, said: “My hands are tied. I have to follow the law. If I don’t, what would people say. The journalists are here in court. So the public looks at justice. So make up your minds what you want to do.”
Smith said he wanted to go on with the case, insisting that they had permission from Titus to occupy the lands. So did Lazay and Aping. But Justice Jamadar again reiterated.
“I am again informing you all that Titus had no land. The court ruled. If you want to go on with the case and you lose, there is a cost involved. Make up your minds.”
JUDGE: “Twenty one years is too long for Vidal Harry to wait on his lands. I cannot postpone this case for another 21 years. You have heard that Vidal Harry wants his lands for his children.” The judge, raising his voice and looking sternly at the defendants, asked them to bring all the documentation to support why they should continue occupation.
JUDGE: “Bring whatever you have in your pockets and let’s start. Twenty one years has gone...this is the end. What do you all want to do?” The defendants, still standing, indicated that they wanted to seek legal advice.
This request was met with an order by the judge. “Basil Jack was your lawyer. Ok, well I would ask that you contact Ms Merlin Boyce. I’m standing it down until 11.30 (am).”

Discussions were held between Harrikissoon and Boyce, the latter consulting and advising the defendants on what the legal position was. The court was reconvened with Justice Jamadar making an order agreed upon by both parties. Justice Jamadar ordered: “Defendants are to give up possession of the land on or before November 2004. There will be no cost.”  The defendants shook their heads in agreement but asked Justice Jamadar if they could remain until December 2004. JUDGE: “No, until November. I do not think it would be prudent to be breaking house during Christmas...so the order is, you have until November.” Happy Hill is still buzzing with activity with children and youths going about their normal lives. Neither Smith nor Andy has located alternative homes. The families are relatively poor. Lazay lives alone and could barely hear and speak due to old age. “I have not going no place. I live here 21 years now...no, no, no,” Lazay murmured as she broke down in tears.