Brian Robinson (Appellant) v Industrial Investments Limited (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2024/1002

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Brian Robinson

Respondent(s)

Industrial Investments Limited

Issue

Did the Appellant acquire title to the disputed land by adverse possession? Was the Appellant entitled to the disputed land by the principle of estoppel?

Facts

The Appellant and Respondent owned adjoining parcels of land. The Appellant’s land was part of land owned by his father which was divided after his death. The Appellant and his brother were left with a one-acre portion of that land, which they divided equally. The Appellant claimed to have believed that the boundary of the land that he occupied was beyond the actual surveyed boundary. He claimed to have been paying persons to cultivate that area of land for over 16 years, as a result of which the respondent’s title to that portion of land had been extinguished. The Appellant therefore claims to have acquired title by adverse possession (whereby a person may acquire legal ownership of a piece of property based on open, continuous possession or occupation without the permission of its legal owner) to the disputed land. He also claims to be entitled to a portion of the disputed land by the principle of estoppel (which prevents a person from denying something which they have encouraged or permitted another party to accept or believe) because of an alleged conversation with the Respondent’s agent and/or the failure or omission of the Respondent to take any steps to prevent the Appellant constructing a house on the disputed land. The High Court held that the Appellant had failed to establish that he was in undisturbed possession of the disputed land for the requisite period of time, and granted possession of the disputed land to the Respondent. The Court of Appeal dismissed the Appellant’s appeal, and refused permission to appeal to the Privy Council. The Appellant now applies to the Privy Council.

Date of issue

10 December 2024

Case origin

PTA

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