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Smith, Alfred Llewellyn Jnr. (Administrator of Estate Alfred Llewellyn Smith Snr) and Donald Anthony Smith (Administrator of Estate Alfred Llewellyn Smith Snr) v Louise Small

Court: 
Supreme Court
Catchwords: 

Amendment sought by claimants after initial closing submissions-Facts on which amendment based already known-Defendant not caught by surprise-Principles that should guide court in determining application-Scope of powers in the Registration of Tiles Act (ROTA) to correct "errors"-S. 153 (ROTA) inapplicable in the circumstances as issue is validity of Title itself not the manner in which Certificate evidencing Title was obtained-Doctrine of Adverse Possession-More than 12 years unchallenged open possession-Doctrine of Proprietary Estoppel-Unconscionable for defendant to wait 8 years after a party has acted to its detriment before seeking to enforce her right.

Document Type:

Year: 
2018
Suit/Claim number: 
2011HCV05642
Neutral Citation: 
[2018] JMSC Civ 150