Francis (Appellant) v Attorney General of St Helena for and on behalf of the Crown (Respondent) (St Helena)

Case summary

Case ID

JCPC/2025/0040

Jurisdiction

St Helena

Parties

Appellant(s)

Larry Francis

Respondent(s)

The Attorney General of St Helena

Issue

Can land owned by the Crown be acquired by prescription?

Facts

This appeal concerns four industrial units located on land owned by the Crown known as units 240, 241, 242 and 249. On 25 March 1995, the appellant entered into a lease with the Governor of St Helena in respect of units 240 and 242. Shortly after moving into the leased units, the appellant took possession of unit 241, before also taking possession of unit 249 in 2006. The appellant claims to have acquired ownership of units 241 and 249 by prescription pursuant to s135 of the Registered Land Ordinance 1980. On 18 July 2023, the appellant made an application to the Registrar of Lands to give effect to the prescription by rectification of the register. The Crown objected to the application on the ground that Crown land could not be acquired by prescription, following which the Registrar stated a case for the opinion of the Supreme Court of St Helena to determine the issue. The Chief Justice held that Crown land could be acquired by prescription. The St Helena Court of Appeal allowed the respondent’s appeal. The appellant now appeals to the Judicial Committee of the Privy Council.

Date of issue

14 May 2025

Case origin

Appeal As of Right

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