Cousins, Velrose v Passley, Chester, Cameca Passley and Chester Passley (In his capacity as Executor of the Estate of John Passley)

CIVIL PROCEDURE - Whether, by operation of the Limitations of Actions Act (LAA), the claimant’s alleged adverse possession of a portion of the disputed land, extinguished the registered title of the said property, held by the estate of the deceased proprietor - Whether an implied licence can defeat an adverse possession claim - Whether the 1st defendant could have given an implied licence to the claimant to occupy the disputed property - Whether the court should order that the Registrar of Titles cancel the existing certificate of title registered at volume 1158 folio 668 of the Register Book of Titles and order that the Registrar of Titles issue a new title with the name of the claimant endorsed as tenant-in-common in equal shares with the 1st defendant - Whether the court should order that all legal and/or beneficial interest in the disputed property vests in the 1st defendant and the beneficiaries of the estate of the late John Passley - Whether the court should order that the claimant deliver up possession of the disputed land in favour of the 1st defendant and the beneficiaries of the estate of the late John Passley - Sections 3 & 30, Limitation of Actions Act, Sections 68 & 158, Registration of Titles Act