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JISCO Alpart Jamaica v White, Monica (By Executor and Representative Horace Gayle)

Case Number: 
2010 HCV 01615
Neutral Citation: 
[2022] JMSC Civ. 118
Date of Delivery: 

Unregistered land – Dispute as to ownership of land – Burden and standard of proof – Affirmative defence – Claim for recovery of possession – Claim for trespass – Adverse possession as a defence – Whether adverse possession applies to unregistered land – Credibility between witnesses – Limitation rights and unregistered land – Possession of vacant land – When does time start to run against the claimant – Factual Possession – Intention to exclude others – Fencing and cultivating vacant land – Payment of taxes by the claimant – Payment of taxes
by the defendant’s mother – Series of possession – Whether possession was disturbed – Future use of the land – Acknowledgment of title


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