Court:
Court of Appeal
Subject:
Recovery of Possession
Catchwords:
Appeal—Parish Court—Jurisdiction—Judicature (Parish Courts) Act—Recovery of possession—Section 96—Dispute as to title—Annual value—Meaning, proof and sufficiency—Whether annual value must be pleaded—Whether jurisdiction may be grounded by evidence notwithstanding omission from pleadings—Parish Court Rules—Order VI rule 4—Refusal to strike out—Removal/transfer to Supreme Court—Section 130—Possessory title—Adverse possession—Limitation of Actions Act—Sections 3 and 30—Factual possession and intention to possess Tenancy/licence and adverse possession—Rent/use and occupation—Credibility—Inconsistencies—Appellate restraint—Findings of fact—Whether judge was plainly wrong
Document Type:
Year:
2026
Suit/Claim number:
COA2024PCCV00018
Neutral Citation:
[2026] JMCA Civ 10
Judge(s):
P Williams and D Fraser