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A world-class judiciary utilizing innovation and technology for efficient service delivery.

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To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

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Case Number
2017 HCV 04013
Year
Neutral Citation
[2024] JMSC Civ 43
Date of Delivery

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 – Defence to trespass
Remedies – Damages for trespass to land
Adverse possession – Whether the ancillary claimant has proven that he 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, 1881, sections 3 and 4

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