Court ruling saves Tobago bakery

AWARD-winning Cowie’s Bakery in Carnbee, Tobago, has been saved.

The bakery which stood at the centre of a property dispute between cousins has been settled.

On Tuesday, Justice Frank Seepersad ruled that Ian Darlington - who took over the operations of the family-owed and operated bakery, decades ago - had proven he was in adverse possession of the bakery building and certain portions of the land around it for more than 16 years.

The bakery was part of a parcel of land owned by the Cowie family since 1937.

Darlington had been sued by his cousins Dr Lancelot Cowie and Angela Cowie-Adams who said they bought the property from their mother, Hillary and allowed their cousin to continue with the bakery operations.

In their lawsuit, the siblings wanted declarations they were the lawful owners of the property and were entitled to possession of it. They also asked for injunctions against their cousin to stop from carrying on any construction on the building or land or entering or remaining on the property.

They also wanted possession of the building used as the bakery.

In a counter-claim, Darlington maintained he worked in the bakery since the age of eight with his grandmother Susanna, Hillary’s sister, and was entitled to it.

The bakery was established in the 1940s and was operated by Caroline Cowie, the sibling’s grandmother and Darlington’s great grandmother. Her daughters, Susanna and Hillary, assisted her until her death then the sisters and Susanna’s son took over. Darlington began working in the bakery in the 1980s with his grandmother, grand aunt and his father.

The keys to the family home on the same property were handed over to Hillary in 1989 and shortly before she withdrew from the bakery operation. When his grandmother and father died, Darlington continued to operate Cowie’s Bakery.

In his ruling, Seepersad, who visited the property on Monday, held that while Darlington could not prove an entitlement to the entire property on which the bakery and family home stood, he had exclusively possessed the land on which the business stands and the bakery.

The judge also dismissed his argument that the siblings did not buy the land from their mother, refusing to set aside a 2021 deed in their name. However, he did extinguish their paper-title rights and interest over the building that housed the bakery and certain areas around it.

Darlington, his workers, and the bakery’s customers will be entitled to access the bakery using the driveway while they also have unrestricted access to the garage area and the bakery parking spot.

He has to remove elevated water tanks in the driveway and relocate them to the western portion of the lands on which the bakery stands. He also cannot restrict anyone’s access along the driveway to the back portion of the property.

Seepersad said, "The court has no doubt that the defendant has exclusively possessed the portion of land upon which the bakery building stands and that he did so for a period in excess of 16 years prior to the institution of this action." He also said there was no doubt that the bakery had been under Darlington and his father's exclusive possession and control since 1984 when Hillary left the business.

"The evidence suggests that after Hillary’s departure the defendant, his father and his grandmother treated the bakery building as their own and neither the claimants nor Hillary had any control over the said building."

The portion of the property Darlington will continue to possess is the lands to the west of the building and to the north west and north of the building as the judge said it was evident they formed an integral part of the bakery.

“No evidence was adduced by the claimants that they exercised any control over this portion of the said land.”

The judge also invited the siblings to consider if Darlington can buy the parking spot and garage at market value. Attorneys for both sides are expected to advise the court on a decision by April 27.

“It is unfortunate that the members of the Cowie family were unable to resolve the issues referenced in this case.

“This matter demonstrates with certainty the need to formalise all familial business arrangements. The prevailing arrangements concerning the bakery were not effected by the parties to this action and the lack of clarity and legal certainty with respect to the bakery’s operations undoubtedly led to the ownership conundrum which arose.”

Seepersad said it was evident that the goodwill that existed between Susanna, Hillary and their mother was was not sufficient to insulate their children and grandchildren from the ambiguity and acrimony caused by the absence of documents to reflect their wishes for the property and the bakery.

“It should be remembered that relationships are best persevered when all aspects of rights and interests are comprehensively formalised.

“... It is hoped that after this judgment these family members can move forward peacefully and in a manner which is reflective of the special familial history that they share.”

In his defence and counter claim, Darlington said he wanted to update the bakery to a modern design to attract and accommodate customers in a dining setting.

In 2021, Darlington won the Tobago Medal of Honour Silver for entrepreneurship at the Tobago House of Assembly’s Tobago Day Awards.

Darlington was represented by Rajiv Rickhi, Deborah Moore-Miggins, Shveta Parasram, and Ria Ramoutar. The siblings were represented by Kofi Mc Intyre and Karen Piper.