Solomon Law Reports

summary judgment – preliminary issue of law – whether defendants have acquired ownership interest over registered land from adverse possession – defendants occupied registered land for at least 12 years prior to claimant becoming registered owner of the registered land after purchasing it from the previous registered owner – previous registered owner commenced proceedings against defendants for eviction – claimant commenced proceedings against defendant for eviction after becoming registered owner of the registered land – to acquire ownership interest over registered land by adverse possession the occupier must have enjoyed peaceful overt and uninterrupted adverse possession for 12 straight years and must apply to the High Court to be registered as the registered owner – mere assertion of prescriptive rights by adverse possession is not enough – Laperouse Restaurant Company Ltd v Attorney General HCSI-CC 82 of 2014 (7 January 2019) distinguished – defendants did not meet 12 years uninterrupted adverse possession because previous registered owner of registered land had commenced proceedings against defendants – period of adverse possession may be interrupted by physical entry or institution of legal proceedings or acknowledgment – in any event defendants did not commence proceedings in High Court for order to be registered as registered owner

summary judgment – preliminary issue of law – whether defendants have acquired overriding interest over registered land – defendants occupied registered land for at least 12 years prior to claimant becoming registered owner of the registered land after purchasing it from the previous registered owner – to acquire overriding interest over registered land the occupation must be lawful occupation with the lawful authority of the registered owner – Paza v Sivoro SICOA-CAC 16 of 2017 (11 May 2018) affirmed – unlawful occupation cannot give rise to overriding interest – defendants’ occupation not lawful occupation