Sparrow loses land case

Sparrow
Sparrow

UPDATED:

Calypso icon Slinger Francisco, better known as the Mighty Sparrow, has lost his legal battle with his niece over a piece of land in Diego Martin.

Justice Frank Seepersad gave an oral ruling yesterday in which he found Sharon Toussaint and her family were in possession of the land.

The judge said Francisco’s brother Vivian Herbert, now deceased, and Herbert’s daughter (Toussaint) were in “unopposed possession of the land at Lot 12, Bird Street, Union Road, Four Roads, Diego Martin for almost 30 years.”

Francisco took Toussaint to court over what he claimed was her unlawful erection of a galvanised fence along the perimeter of a parcel of land belonging to him at Lot 12. Toussaint claimed in the lawsuit that the property is not Francisco’s, since he gave it to her father by deed of gift in March 1989.

In his ruling, after a short trial, Seepersad said Toussaint’s claim to the land was illustrated by the fact that her father had paid land and building taxes since 1990 and she continued to do so after his death in 2001. Francisco’s absence from yesterday’s trial also went against him, as he was not present to be tested on his affidavit, which was tendered into evidence. Seepersad said he could place little weight on it. The singer’s lawyers, at the start of the hearing, said Francisco’s doctors did not permit him to travel from New York for the trial owing to ill health. Last week Sparrow told Newsday he was working on a new CD and was expected back home in early February.

In his ruling, the judge also ruled that Francisco’s witness, Noble Williams, who lives next to the disputed land, could not be considered an independent witness, since his son had an agreement to purchase it. However, he refused to grant an order giving her ownership, suggesting she bring a separate lawsuit.

As a result of the decision, Francisco was ordered to pay Toussaint’s legal costs of $14,000.

Toussaint was represented by attorney Ngozi Ihezue and Stephen Maharaj represented Francisco.

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