The High Court has granted the plaintiff's application to introduce new evidence in an ongoing dispute over adverse possession claims made by the defendant. The court has also denied the defendant's motion to strike out the plaintiff's proceedings based on the rule in Henderson v Henderson and the doctrine of laches. The plaintiff, the registered owner of a commercial property, had obtained a mandatory injunction directing the defendant to remove all materials from the property. The defendant claimed adverse possession over part of the property, including six acres of land, which was not fully detailed until the defendant's testimony in court. The new evidence from three witnesses is deemed credible and potentially influential in the case. The defendant's application to strike out the proceedings was refused, as the matters in question were not previously raised in court and the claim of adverse possession was not sufficiently particularised until recently.
mandatory injunction, adverse possession, new evidence, strike out, Henderson v Henderson, doctrine of laches, High Court, plaintiff, defendant, commercial property, occupancy, removal of materials, credible evidence, proceedings, testimonial clarification, property rights, O. 61, r. 8 RSC 1986, Property Registration Authority (PRA), adverse possession claim, credibility of witnesses.