Skip to main content

Case details

Robert Gormandy and 2 others (Appellants) v Trinidad and Tobago Housing Development Corporation (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2021/0045

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

The issues in this appeal relate to whether the courts below were wrong to find that Mr Gormandy had not established an entitlement to land by adverse possession.

Facts

The Respondent holds legal title to a plot of land. Mr Gormandy cultivated approximately 3 acres of this land and established its boundaries by planting trees. Mr Gormandy sold most of the land to Mr Sammy and retained the remainder. A subsequent survey revealed the land to comprise approximately 4.6 acres, rather than 3 acres.

The trial judge dismissed Mr Gormandy and Mr Sammy’s claim in adverse possession. He found that although Mr Gormandy was a bona fide farmer occupying part of the land, Mr Gormandy failed to demonstrate on the evidence a continuous usage of the entire 4.6-acre parcel to amount to adverse possession. Further, the trial judge allowed the Respondent’s claim against the Appellants, holding that Mr Gormandy had no right, title or interest in the land, and that the agreement for sale was void. The Court of Appeal dismissed the Appellants’ appeals. The Appellants now appeal to the Board.

Parties

Appellant(s)

Robert Gormandy and others

Respondent(s)

Trinidad and Tobago Housing Development Corporation

Appeal

Justices

Lord Hodge, Lord Briggs, Lord Burrows, Lord Stephens, Sir Guy Newey

Hearing start date

6 July 2022

Hearing finish date

6 July 2022