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Court of Appeal dismisses appeal of High Court declaration that a plaintiff was the beneficial owner - by virtue of adverse position - of certain lands which were owned by his father, on the grounds that: a) the trial judge was correct to conclude that the plaintiff was in factual possession of the disputed lands, and that he had the necessary intention to possess; and b) the occupation of the land during the 12-year period was adverse to the title of the true owner, and no steps had been taken during that period to interrupt that possession.
Adverse possession – appeal of High Court declaration that a plaintiff was the beneficial owner of certain lands by virtue of his adverse possession – s. 13(2) of the Statute of Limitations Act, 1957 – McGuire: Succession Act, 1965, A Commentary (1986, Incorporated Law Society, 2nd ed. by Pearse) – whether his occupation of the disputed lands following the death of his father comes within the meaning which the law attributes to “adverse possession” – factual basis for the adverse possession claim – exclusive possession and control – trial judge was correct to conclude that the plaintiff was in factual possession of the disputed lands, and that he had the necessary animus possidendi – appeal dismissed.
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