Hurhangee (Appellant) v Ramsawhook and others (Respondents) (Mauritius)
Case ID: JCPC 2018/0049
Jurisdiction: Supreme Court of Mauritius
Whether the Court of Civil Appeal erred:
(1) in finding that the 1st Respondent was the owner of the Land by acquisitive prescription, despite considering the issue of the 1st Respondent in fact having acquired title by deed of sale;
(2) in not considering and giving effect to Article 2240 of the Mauritian Code Civil [i.e. that one cannot prescribe against one’s own title];
(3) in wrongly upholding the trial judge’s finding that the 1st Respondent had satisfied the 30-year period required for acquisitive prescription;
(4) in not having regard to the requirement in article 2229 that the 1st Respondent have had uninterrupted, peaceful, public and unequivocal possession.
The Appellant and the 1st Respondent both claim to be owners of a portion of land in Mauritius (Land). The 2nd to 10th Respondents are the 1st Respondent’s children, while the 11th Respondent is the 1st Respondent’s son-in-law. The 12th Respondent is the public body responsible for keeping registers of the deeds and documents in relation to ownership of real property in Mauritius.
The 1st Respondent purports to have occupied the Land between 1961 and 1995 (although the Appellant was apparently only informed of this in 1990). The 1st Respondent sought in 1998 to effect a division-in-kind of the Land, of which the 2nd to 11th Respondents were to be the beneficiaries. The Appellant challenges the 1st Respondent’s claim to any interest in the land.
Bhanubai Ganpatlall Ramsawhook and others
Lord Hodge, Lord Kitchin, Lord Sales, Lord Hamblen, Lord Burrows
Hearing start date
9 June 2021
Hearing finish date
9 June 2021
|9 June 2021||Morning session||Afternoon session|