Manzoor Ali (Appellant) v The Tobago House of Assembly and another (Respondents) (Trinidad and Tobago)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0009

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Manzoor Ali

Respondent(s)

The Tobago House of Assembly

National Petroleum Company Limited

Issue

In 2004 the appellant brought proceedings against the first respondent, arguing he had adversely possessed a parcel of land. His claim succeeded and he was awarded damages. During those proceedings, he abandoned a claim for possession of the land. In 2020, he brought fresh proceedings for possession of the land against both respondents. The courts in Trinidad and Tobago struck out the appellant’s new claim as an abuse of process. Were they right to do so?

Facts

This appeal concerns the ownership of a parcel of land in Tobago. The land’s registered proprietor is the first respondent, the Tobago House of Assembly. In 2004, the Tobago House of Assembly (“THA”) granted a lease to the second respondent, the National Petroleum Company Limited (“the Petroleum Company”). The Petroleum Company built a petrol station on the land. Shortly afterwards, the appellant, Mr Manzoor Ali, brought proceedings against the Tobago House of Assembly, arguing that he had occupied the land since 1969 and had acquired title by adverse possession. The Petroleum Company was not a party to these proceedings. Mr Ali sought a declaration of adverse possession, possession of the land, and damages. At the start of proceedings, the trial judge said that Mr Ali could not obtain possession of the land because the Petroleum Company was not a party to the proceedings. Mr Ali’s counsel accepted this and said that Mr Ali was content to abandon his claim to possession. Mr Ali’s claim succeeded in 2008. The trial judge granted Mr Ali damages and a declaration of adverse possession. In 2010 the Court of Appeal set aside the declaration of adverse possession because the Petroleum Company was not a party to the proceedings. In 2020 Mr Ali brought fresh proceedings against the House of Assembly and the National Petroleum Company. Relying on the factual findings made in the previous proceedings, Mr Ali sought further damages and possession of the land. The High Court struck out Mr Ali’s new claim as an abuse of process. The Court of Appeal upheld this decision. Mr Ali now seeks permission to appeal to the Judicial Committee of the Privy Council.