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Lee, Wendy (Administratrix of the Estate of the late Thomas Chambers, Deceased) v Patrick Fletcher and Patrick Fletcher v Wendy Lee (Administratrix of the Estate of the late Thomas, Deceased)

Court: 
Supreme Court
Subject: 
Limitation of Actions
Catchwords: 

Limitation of Actions-Land-Registered land-Trespass-Right to possession of land-Injury to possessory rights-What is deemed to be possession of land-Actual possession-Intention to possess land and the exercise of control over it to the exclusion of other persons-Nature and character of land-Unlawful and unjustifiable presence on land in the possession of another-Whether the claimant has proven that the defendant's actions amount to the tort of trespass-Burden of proof-Standard of proof-Balance of Probabilities

Defence-Damages to trespass

Remedies-Damages for trespass to land

Adverse possession-Whether the ancillary claimant has proven that the has been in open and undisturbed possession of the land for twelve continuous years-Whether the ancillary claimant has proven the legal elements of factual possession and the intention to possess-The Limitation of Actions Act, 1981, sections 3 and 4

Document Type:

Year: 
2024
Suit/Claim number: 
2017 HCV 04013
Neutral Citation: 
[2024] JMSC Civ 43
Judge(s): 
A. Nembhard J