Palmer v Palmer 2023 JSMCT Civ 12 - Extinguishing co-owner's interest in registered land held as Tenants in Common by operation of the Limitation of Actions Act

Palmer v Palmer 2023 JSMCT Civ 12.pdf

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The following decision reiterates the point espoused in Winnnifred Fullwood v Paulette Curchar (2015) JMCA Civ 37 that a co-owner of registered land can acquire title solely if he dispossesses the other co-owner with the requisite animus possidendi (intention to possess) over the required statutory period.

The court also dealt with a preliminary issue where the cross examination of a Defence witness is incomplete subject to the sudden incapacity of the witness.