Property Law – Claim for declaration of possessory title – Factual possession and intention to possess – Effect of registration – Limitation of Actions Act – Registration of Tiles Act

Admiralty law - Application to be added as an interested party  Judicial sale of Maltese vessel on the application of the mortgagee – Vessel sold to the applicant free of encumbrances - Vessel subsequently arrested in Malta in respect of the same mortgage debt - Judicial sale in Jamaica not recognized by Maltese court – Mortgage debt paid by purchaser to secure vessel’s release - Rule 70.11 of the Civil Procedure Rules, 2002 Admiralty law - Judicial sale – Distribution of the proceeds – Section 89 (2) of the Shipping Act and rule 70.13 (9) of the Civil Procedure Rules, 2002

Necessary status before court to obtain a remedy – Different ways to establish a good root of title – Documentary evidence and evidence of “adverse” possession are two methods – A licensee does not have an interest in land – Operation of the Limitation of Actions Act where adverse possession relied upon to ground title – Both factual open undisturbed possession by the dispossessor for the limitation period and the intention of the dispossessor to possess the property are important in determining if the dispossessor acquires title by adverse possession – Factors to be considered to determine