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1 Case

• JCPC/2022/0064

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  BUSINESS, PROPERTY, WILLS, AND TRUSTS

  Francis Chitolie and another (Appellants) v St Lucia National Housing Corporation (Respondent) (Saint Lucia)
  Judgment given
  Case summary:

  (1) What is the legal effect of the Appellants' failure to claim the Surveyed Land during the Land Registration and Titling Project in Saint Lucia in mid-1987 on the Appellants' claim to overriding interests under sections 23 and 28 of the Land Registration Act 1984 (the "LRA")? (2) Is the period before first registration required to be ignored for the purposes of identifying an overriding interest under s.28(f) of the LRA? (3) Ought the Court of Appeal have held that the Respondent acquired Parcel 1020B 227 subject to the Appellants' right to defend a possession claim because the Appellants had an overriding interest under s.28(f) of the LRA because they had "rights acquired or in the process of being acquired by virtue of any law relating to the limitation of actions or by prescription" as at the date of first registration. (4) Are, on the basis of the Court of Appeal's findings of fact, the Appellants entitled to a declaration that they had a positive prescription right to the Surveyed Land based on at least 30 years' occupation? (5) Whether the Appellants' counterclaim should be remitted and the relief and costs ordered against them set aside?

  Last updated: 7 September 2024

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