JCPC/2021/0045
•
BUSINESS, PROPERTY, WILLS, AND TRUSTS
Robert Gormandy and 2 others (Appellants) v Trinidad and Tobago Housing Development Corporation (Respondent) (Trinidad and Tobago)
Case summary
Case ID
JCPC/2021/0045
Jurisdiction
Trinidad and Tobago
Parties
Appellant(s)
Robert Gormandy and others
Respondent(s)
Trinidad and Tobago Housing Development Corporation
Issue
The issues in this appeal relate to whether the courts below were wrong to find that Mr Gormandy had not established an entitlement to land by adverse possession.
Facts
The Respondent holds legal title to a plot of land of approximately 4.6 acres. Mr Gormandy cultivated part of this land and established its boundaries by planting trees. Mr Gormandy purported to sell most of the land to Mr Sammy and retained the remainder.The trial judge dismissed Mr Gormandy and Mr Sammy’s claim in adverse possession. He found that although Mr Gormandy was a bona fide farmer occupying part of the land, Mr Gormandy failed to demonstrate on the evidence a continuous usage of the entire 4.6 acre parcel to amount to adverse possession. Further, the trial judge allowed the Respondent’s claim against the Appellants, holding that Mr Gormandy had no right, title or interest in the land, and that the agreement for sale was void. The Court of Appeal dismissed the Appellants’ appeals. The Appellants now appeal to the Board.
Date of issue
28 April 2021
Judgment details
Judgment date
22 December 2022
Neutral citation
[2022] UKPC 55
Judgment links
Appeal
Justices
Hearing dates
Start date
6 July 2022
End date
6 July 2022
Watch hearings
6 July 2022 - Morning session
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Last updated 9 May 2024