Lares (Appellant) v Lares and others (Respondents) (Trinidad & Tobago)
Case ID: JCPC 2019/0048
Jurisdiction: The Court of Appeal of the Republic of Trinidad and Tobago
Case summary
Issue(s)
Whether the Court of Appeal was wrong to uphold the High Court’s decision that the Appellant was not in exclusive possession of the upstairs of the two-storey house and land at 21/23 Padmore Street, San Fernando, Trinidad and Tobago (the "Property") and whether it is possible to have adverse possession of part of a building in Trinidad and Tobago.
Facts
This is a property dispute. The Appellant has a one-ninth legal interest in the Property. The Respondents, along with two other defendants to the proceedings below, each have a one-ninth legal interest in the Property.
The Respondents sought partition and sale of the Property. The Appellant counterclaimed that she had been in adverse possession of the Property for over sixteen years and/or that she had been in adverse possession of the upstairs of the Property since 1990.
The High Court decided in favour of the Respondents and dismissed the Appellant’s counterclaim on the basis that the Appellant did not exclusively occupy the Property and/or the upstairs. Persons downstairs had access to the upstairs portion of the Property and the upstairs could not be considered as a flat that could be severed horizontally from the downstairs. The Appellant and the Defendants appealed to the Court of Appeal, which dismissed the appeal. The Appellant appeals to the Judicial Committee of the Privy Council.
Parties
Appellant(s)
Alfonsia Lares (also called Alphonsia Lares)
Respondent(s)
- Leo Lares
- Damiana Lares
- Bernadine Abraham
- Clothilda Joan Mohammed
- Theodota Theodora Lares
- Camilla Alexander
Appeal
Justices
Lord Hodge, Lord Kerr, Lady Arden, Lord Kitchin, Lord Leggatt
Hearing start date
08 Jun 2020
Hearing finish date
08 Jun 2020
| Watch hearing | |
|---|---|
| 08 Jun 2020 | Afternoon session |
Judgment details
Judgment date
13 July 2020
Neutral citation
[2020] UKSC 19