A New York-based Vincentian woman is wondering how her court documents disappeared over the weekend between when she was informed of a court hearing and the Monday when the hearing should have taken place.
Carol Simmons, 60, told iWitness News on Monday that the development has cost her money and has caused both inconvenience and emotional distress.
“I am not even myself since all this went on,” she said.
The woman said she has a court matter regarding someone applying for a possessory title for lands that she owns.
She said that the matter, which has been pending for almost a decade, came up in September, but her lawyer asked for an adjournment as she (Simmons) was unable to travel to Kingstown because of the short notice.
On Nov. 9, Simmons’ Kingstown-based lawyer told her that the court had informed of a hearing the following Monday, Nov. 11th.
She told iWitness News that although the notice was short, she booked a flight and arrived in Kingstown on Nov. 10.
Simmons went to her lawyer’s office on Nov. 11.
During the visit, the lawyer received a call, then told her client that there was bad news: the court officer had called to say that they could not locate the file.
Simmons said that she was so disappointed that she started to cry.
She said that she was able to verify that the court matter was indeed scheduled for hearing that day because her lawyer had shown her the documents.
Further, another lawyer who was initially acting for Simmons in the case had also called saying that they had been informed of the hearing on Nov. 11.
“My complaint is about the system here, what is going on with the system, which is that I am living so far [away], they know I am not living here and they would inform me on the Friday for a case on the Monday. I travelled so far to come here and hear the file cannot be found,” Simmons told iWitness News.
She said her lawyer has since told her that she can swear to an affidavit to be used in the court hearing, thereby eliminating the need to return to SVG for the next court date.
This is simply ridiculous and must be addressed. However, based on personal experience in relation to the storage of records are in the High Court especially, I am not surprised.
I hope that the lawyer is adequately trained to ensure that all relevant matters are included in the affidavit so that the woman has an opportunity to properly and effectively defend her claims to her land. Although affidavit evidence is allowed, nothing beats physical presence and an opportunity to be heard, crossed examined etc. Legally, I would advise her to return to court for the next slated date if she has the means to do so.
HOWEVER, START THE PROCESS FOR COMPENSATION BY THE COURT. LEAVE NO STONE UNTURNED.
The judicial system must do better!!!
The incompetent and inadequate court system, among many other systems we have here, including the police system, the medical system, the education system, the transportation system, the political system, the moral system, etc., is why Ms. Simmons is forced to live abroad in the first place.
Make everything electronic, you can’t lose it unless someone deletes it. We are living and using 21 century technology except for when dealing with the government and the court system
Ms. Simmons, I hope you are paying your taxes on the land, if there are land taxes in SVG. People like to squat for a certain time, then seek to take away land from the rightful owner. You are right to highlight this matter in the newspaper- make the issue public. A dance is taking place. A serious matter, and the documents disappeared. I hope you have copies of everything. Nonsense!
Paying land or house taxes is no proof of ownership since anyone can pay such taxes for any property about which they have the relevant information which is why lots of scampish people pay taxes for property that doesn’t belong to them hoping that after many years they can claim it as their own.
We have too many crooks in little SVG to even begin naming them, most with jobs or other income, once more exposing the foolish link the NDP and their blind followers are trying to establish between unemployment and crime.
If only life’s problems were so simple that we could isolate a single cause for them!
CBen but the lady is right. Paying your taxes for land you have a rightful and legal claim too can help to defeat an adverse possession case.
It ought not to be the only evidence you adduce but I have defeated adverse possession claims solely on this fact. It helps to defeat the claim that the owner has abandoned said land.
Sometimes you need to listen more, reflect more and respond less.
Exactly! Crime is common place in St.Vincent.
Viny Lawyer, are you unaware that many people are paying taxes on property that does not belong to them hoping to eventually claim the property as their own? This was my main point and why no court of law, except the imaginary one in your mind, would grant title to property solely on the basis of tax receipts without other evidence of adverse possession.
I am very aware of that fact. I am also aware since I pay my own taxes for my own land that I legally own. The pendulum swings both ways but your original comment was erroneous. Paying taxes CAN be proof of ownership with other factors. Your statement made room for no exceptions, which is where you erred.
And of course your small mind, did not get that these sort of applications are done in civil court, which has a procedure namely filing of affidavits of which a receipt for payment of tax WILL be evidence in a matter.
Damn, sometimes you need to come off your pedestal that you alone place yourself. Ms. Creese made a valid point but nope, Mr. Know it all had to oppose. Oppose and you are not even right. Smh…..arrogant galore!!!!
Carry on!!!
The court in my mind still tells me that those judgments have not been overturned when I did this type of law many years ago!!!!
The Court should award this lady adequate compensation.
We see such things in SVG every day. It is a Caribbean problem that too many people just do not care about how they do things unless it has to do with they themselves getting or protecting thier money. This includes the attitude of the highest politicians. We all notice that the laws are crafted for thier benefit, not the people’s. If it appears to be for the people it is for little money and to secure votes only, not for justice or for right as opposed to wrong. Look at how the roads are built! Look at how Vinlec operates! I doubt it will ever be possible for our societies, especially in Saint Vincent, to ever be able to do anything properly. Those who are competent usually emigrate. Those that stay are going three steps forward, two or three steps backwards.
And we want to be on the Security Council? We all know it will do nothing for anyone in SVG except the Royal Family. On the other hand, what if it exposes to the rest of the world how very incompetent we are?
I had the opportunity to obtain some information about this case, and can state unequivocally that corruption is at its acme in St.Vincent.