REASONS. This is a claim for a declaration that the claimant is the lawful owner of a plot of land comprising

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1 REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV BETWEEN DILENI DAVID CLAIMANT AND VISHNOO JAIMUNGAL DEFENDANT BEFORE THE HONOURABLE MR JUSTICE R. BOODOOSINGH APPEARANCES: Mr. A. Manwah for the Claimant Mr. A. Ashraph and Mr. M. Dhaniram for the Defendant REASONS This is a claim for a declaration that the claimant is the lawful owner of a plot of land comprising 7,587 square feet known as Lot No. 8 Old Tim Street, St. Augustine. The claimant alleges the defendant has encroached on the land and thereby trespassed on square metres. Page 1 of 5

2 The defendant has invited the court to strike out the claim under Part 26 of CPR on the basis the statement of case discloses no grounds for bringing the claim. In general, also, courts exercise restraint about striking out a claim that has set out the essential particulars of the claim. The defendant says: 1. The claimant has not proved his title as required by law showing a good root of title for 20 years to the present. 2. The Deed on which the claimant relies does not vest title in the claimant. 3. The Deed is incapable of forming a good root to title. In Olga Charles v. Harricharan Singh & Another, Civil Appeal No. 50 of 1960, Wooding CJ set out the requirement for a party claiming possession of land to set out his or her title in pleadings. Under CPR, a claimant is required to set out his case fully, but briefly. A claimant is also required to annex all documents relevant to the claim. Page 2 of 5

3 Chief Justice Woodings s dicta must be read in conjunction with the CPR. The requirement to annex all relevant supporting documents to the claim means that the statement of case need not repeat all the details contained in the supporting documentation once the essential facts are set out. The rules must be read with common sense and purposefully. Thus, where any relevant Deeds are annexed in claims such as this and are incorporated into the statement of case by direct reference, it may not always be necessary to set out all of the same particulars in the statement of case, once the main facts are set. The court must look at the documents globally. In this instance the Deed under which the claimant came into possession of the property has been annexed. That Deed sets out that for the sum of $30,000.00, Gerald Hosein Mohammed assigned to the claimant the unexpired term of his interest in the said property. It recites certain particulars, but most importantly, sets out that Mohammed obtained a one ninth share of a larger parcel of land and that by an agreement on 28 October 1965 the nine parties agreed to the division of the land into nine (9) equal lots each of 7587 square feet and Mohammed became seized of Lot 8 described in the survey plan. Having become seized of this Lot in 1996, he passed his interest to the claimant by a sale. The law requires that a good root of title to be shown for twenty (20) years. Page 3 of 5

4 The claimant is required to show he is the owner of the land. Owner has a broad meaning within the law. As Edoo J. observed in Allan Man Hong and Others v. Gainpaul Singh No. 1278/1980, unreported, at page 8, where one party was in continuous and undisturbed title and another party later acquired title from that first party this was sufficient to show a good title was acquired. So prescription can, in an appropriate case, provide a good root. Also of note, the need to show a good title is especially relevant where a party seeks to obtain possession of lands as against another. This is a claim for encroachment being fought between persons on two (2) neighbouring properties. In any event, I have found in the absence of a Defence and in the absence of evidence to the contrary that the claimant has shown prima facie a good root of title for the purposes of this claim. Of relevance too is section 12 (7) of the Conveyancing and Law of Property Act Chap. 56:01 which provides as follows: Recitals, statements, and descriptions of facts, matters, and parties contained in Deeds, instruments, Acts or Ordinance, or statutory declarations, twenty years old at the date of Page 4 of 5

5 contract, shall, unless and except so far as they may be proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters and descriptions. I note this, as at the time when the claimant would have contracted with Mohammed in 1996 they would have been relying on Deed No of I accordingly decline the application to strike out the claim. The claimant is to file its application on or before 31 October The defendant is to pay costs of this application in the sum of $1, Ronnie Boodoosingh Judge 25 September 2011 Page 5 of 5