Confusion in Sparrow land case

In the claim, filed in the Civil Registry of the Supreme Court in Port-of-Spain in February of last year, Francisco is seeking compensation from Sharon Toussaint for trespass on his property at Lot 12, Bird Street, Union Road, Four Roads, Diego Martin.

Francisco’s claim is also seeking an order that Toussaint pull down and remove the galvanise fence around the property as well as an injunction restraining her from entering the premises.

There are supporting signed documents attached to the claim, including a certificate of truth signed by Francisco on February 26, 2015, when the action was filed in the High Court.

However, one of the attorneys who appears for Toussaint, Ngozi Ihezue, has claimed in court that the case was not filed by Francisco.

Ihezue claims Francisco is her uncle and knew nothing of the matter, and her client has also stated in her defence filed in the matter that the calypsonian told her he did not know of the claim against her.

The case was previously before Justice Charmaine Pemberton who had asked that Francisco appear in court or for documentation to show that he authorised the court action being taken on his behalf.

Neither was forthcoming before Pemberton was elevated to the Court of Appeal. And when the matter came up for hearing before Justice Frank Seepersad on Monday, he noted that all the documents bore a signature purporting to be Francisco’s.

He said he was not prepared to go behind the presumption of regularity of the documents filed in the case and unless Francisco appears before him or submits an affidavit in support of the defence attorney’s assertion, he was prepared to proceed with the case.

Seepersad has given orders for the filing of replies by both parties, as well as authorities, and has adjourned the matter to March 6, 2017. He noted that the allegations made by the attorney for the defence were serious and should be taken up with the Disciplinary Committee of the Law Association.

According to Francisco’s claim, Toussaint erected a fence around his (Francisco’s) land on August 12, 2014. She lives in the two lots (Lots 13 and 14) adjoining his.

He said he has been unable to complete a land purchase agreement because of Toussaint’s actions.

According to Toussaint’s defence and counter-claim, she denies that the action was brought against her by Francisco or that he was the owner of Lot 12.

She said some other person and not Francisco brought the case against her as he told her he knew nothing of it, having spoken to him in February of last year, when he came to Trinidad to perform at a show.

Toussaint also said in her defence, she spoke to him one month later and he told her that the land belongs to her and had told his prospective buyer so. She also contended that that the certificate of truth which bears the signature of Slinger Francisco was false.

She claimed that Lot 12 was given to her father in March of 1989.

Francisco was represented in court by Stephen Maharaj, instructed by D Hannays and Company.