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

Lord Hodge

Lord Briggs

Lord Burrows

Lord Stephens

Sir Guy Newey

Hearing dates

Start date

6 July 2022

End date

6 July 2022

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