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Proprietors Strata Plan No. 461 v International Hotels ( Jamaica) Ltd
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN CIVIL DIVISION
CLAIM NO. C.L. 19991 P- 127
BETWEEN PROPRIETORS STRATA PLAN NO. 461 CLAIMANT
AND INTERNATIONAL HOTELS (JAMAICA)
LINlITED DEFENDANT
Mr. Terrence Ballantyne and Mr. Paul Beswick instructed by Ballantyne and
Beswick for Claimant
Dr. Lloyd Barnett, O.J., Mr. Walter Scott and Mr. Weiden Daley instructed
by Hart Muirhead Fatta for the Defendant C.
Land - Boundary Fence in incorrect position -Whether possessory title acquired
thereby-Whether fence location acquiesced to by Claimant - Sections 3 and 45 of
the Limitations of Actions Act
22nd,2 3rd,2 4thO ctober, 24thN ovember and 4'" December 2008
BROOKS, J.
This claim primarily concerns a boundary dispute. The Proprietors of
Strata Plan No. 46 1 (PSP 46 1) wish International Hotels (Jamaica) Limited
(IHJL) to remove incorrectly placed boundary fences and to place them
along the registered boundaries between their respective lands.
IHJL, on the other hand, states that the fences were put in their
respective positions by agreement and have been in place for so long that
PSP 461 is barred from having them removed. IHJL counterclaims a
possessory title to the disputed lands as well as the benefit of the provisions
of the Limitation of Actions Act.