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Supreme Court dismisses appeal from High Court, and affirms order for possession of lands pursuant to a well charging order of 1987, where the borrower had remained in possession of lands pending the outcome of longrunning litigation, on grounds that the possession was not adverse to the bank's interest.
Charleton J: Statute of Limitations 1957 - possession of lands by mortgagor (borrower) - more than 12 years after well charging order and order for sale - whether possession adverse to that of bank - whether statute applicable to circumstances - 1987 well charging order - order for sale - no order for possession - 2008 application for possession - other related litigation not finalised until 2005 - Order 51, RSC - notice to proceed issued in 1999 - judicial review brought against assistant examiner - section 13(2)(a) of the Statute of Limitations - nature of "adverse" possession - acts implying possession - estoppel - posture of borrower expecting guarantee debenture to be overturned - borrower in possession with consent of bank.
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