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In the Grand Court of the Cayman Islands — Civil Division

<N/A>

Cause No. G 0088/2022

Between

Hilary Shenika Frederick and Monica Veronica Smith

- v -

Christobel Pathra Smith - Judgment

Before
Walters J

Judgment delivered 2023-04-27

IN THE GRAND COURT OF THE CAYMAN ISLANDS
CAUSE GC88 of2022
IN THE MATTER OF S. 124 REGISTERED LAND ACT (2018 REVISION) AND GCR 0.29
AND IN THE MATTER OF THE ESTATE OF OLICE ESTERMAE SMITH, DECEASED
BETWEEN
(1) HILARY SHENIKA FREDERICK
(2 ) MONICA VERONICA SMITH
PLAINTIFFS
AND
CHRISTOBEL PATHRA SMITH
DEFENDANT
IN CHAMBERS AS OPEN COURT
Appearances:
Mr Clayton Phuran for the Plaintiffs
Mr Philip Ebanks for the Defendant
Before:
Hon. Justice Alistair Walters ( Actg.)
Hearing date:
2 8 February 2023
Draft circulated:
18 April 2023
Judgment delivered: 27 April 2023
HEADNOTE
Requirements for completing transfer of land under Registered Land Act. Whether gift of land
imperfect. Whether imperfect gift capable of perfection by Court.
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Digitally signed by Advance Performance Exponents
Inc
Date: 2023.04.27 14:43:39 -05:00
Reason: Apex Certified
Location: Apex

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13.
A further affidavit dated 23 November 2022 was sworn in support of the Plaintiffs claim by Juliet
Facey which again focuses on her recollection of the interrelationship between the parties, but in
my view does not add much to the substantive issues in the case.
14.
The JP who witnessed the signature on the Transfer swore an affidavit dated 21 March 2022
confirming that the parties did appear before her and that the Deceased seemed to be of sound mind
and appeared to understand the effect of the Transfer.
15.
Finally on behalf of the Plaintiffs an affidavit dated 2 February 2023 was sworn by Krishelle
Edwards, the Defendant's daughter. Again, much of the affidavit deals with the relationship
between the parties but Ms Edwards does explain that she believes that it was the intention of the
Deceased to transfer the Property into the name of the First Plaintiff (and her sister Claudia) in
order to prevent arguments over the Property after her death.
Relevant law
16.
Dispositions of land in the Cayman Islands are governed by the Registered Land Act (2018
Revision) the "Act"). Pursuant to s.3:
"Reconciliation with other laws
3.
Except as otherwise provided in this Law, no other law and no practice or
procedure relating to land shall apply to land registered under this Law so far
as it is inconsistent with this Law: Provided that, except where a contrary
intention appears, nothing in this Law shall be construed as permitting any
dealing which is forbidden by express provisions of any other law or as
overriding any other law requiring the consent or approval of any authority to
any dealing. "
17.
The effect of registration with absolute title is dealt with by s.23 which states that:
"Subject to section 27, the registration of any person as the proprietor with absolute
title of a parcel shall vest in that person the absolute ownership of that parcel
together with all rights and privileges belonging or appurtenant thereto, free from
all other interests and claims whatsoever but subject -
(a) to the leases, charges and other incumbrances and to the
conditions and restrictions, if any, shown in the register; and
(b) unless the contrary is expressed in the register, to such liabilities,
rights and interests as affect the same and are declared by section
28 not to require noting on the register:
Provided that -
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Neutral Citation	<N/A>
Cause Number	G 0088/2022
Court	CIGC (Civ)
Judge	Walters J
Parties	Hilary Shenika Frederick and Monica Veronica Smith v Christobel Pathra Smith - Judgment
Judgment Date	2023-04-27
Subject	Registered Land Act transfer requirements; Imperfect gift of land; Whether court can perfect imperfect gift
Filename (current)	23-04-27-Hilary-Frederick-v-Christobel-Smith.pdf
File MD5	987b5abe9fe9cfda0fdd1527dda7cb66
Source pipeline	pdb
PDB record ID	2746
PDB URL	https://judicial.ky/n0c-storage/judgments-repository2/23-04-27-Hilary-Frederick-v-Christobel-Smith.pdf

Hilary Shenika Frederick and Monica Veronica Smith v Christobel Pathra Smith - Judgment

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