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 of approximately 4.6 acres. Mr Gormandy cultivated part of this land and established its boundaries by planting trees. Mr Gormandy purported to sell most of the land to Mr Sammy and retained the remainder.
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
| Watch hearing | ||
|---|---|---|
| 6 July 2022 | Morning session | |
Judgment details
Judgment date
22 December 2022
Neutral citation
[2022] UKPC 55