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St. Maarten News – Hope-politician Jacinto Mock and his wife Teresita are fighting in court with the joint heirs of Preston Levi Richardson over the ownership of a property on Back Street. The Court in First Instance ordered yesterday that parties appear on the location of the contested property on August 26.
On February 24, 2015, the court granted Teresita Mock a declaratory judgment that she had become the owner of the property per November 1, 2003 through prescription.
The Richardson heirs demanded that Mock vacate the property and a declaratory judgment that Mock had enriched herself at the expense of Richardson. The court rejected this demand and the heirs have now appealed this decision.
To come to a conclusion about the question whether Mock qualifies now as the owner of the parcel of 600 square meters and the buildings on it, the Common Court of justice ruled yesterday that it needs more information.
The heirs have stated, uncontested, that Mock and his wife lived above the ABC Restaurant on Back Street there is a letter dated January 28, 1980 – more than 36 years ago – announcing an increase in rent, “but it is unclear whether the living accommodation belonged to what Mock rented based on the rental agreement or that this was a separate agreement.
This does however not tally with Mock’s statement that the rental agreement ended in 1979 and that Jacinto Mock has nothing to do with the property since then.
To add to the confusion, there is a check dated March 4, 1987 that gives the address of Mock’s company (China Store 1) as Back street 22.
It is unclear to the court that Mock took possession of the property in 1983, because it does not tally with the address of Mock’s company on the check from 1987. Furthermore, it appears that Mock’s company (New China Store) was only established in 2000.
The court now wants to take a look at the property to clarify several details before taking a decision.
