2 Mar 2017
INCORPORATED OWNERS OF WESTERN COURT v. CONRAD SALAT CZAKAT RUMJAHN appointed by the Court to represent the Estate of USUF RUMJAHN, Deceased
- Citation
- INCORPORATED OWNERS OF WESTERN COURT v. CONRAD SALAT CZAKAT RUMJAHN appointed by the Court to represent the Estate of USUF RUMJAHN, Deceased
- Court
- Court of First Instance
- Case number
- HCMP2244/2012
The court refused to strike out the plaintiff's claim at interlocutory stage because it was not plain and obvious that the IO lacked capacity or locus to claim adverse possession of the RW Lot or that limitation had not run; there were arguable grounds that the IO and/or owners had taken possession, that the presumption of encroachment and assignment issues required full trial, and that Group Leader had sufficient interest to be joined. Consequently the defendant's strike out application was dismissed (save for limited declaratory reliefs struck), and the plaintiff's application to join Group…