13 Mar 2012
SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS
- Citation
- SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV120/2011
The Court held that a mere vertical surface of a wall is not land or a corporeal hereditament susceptible to adverse possession; therefore the 3rd Defendant could not acquire title by adverse possession of the Blue Wall. Further, alternative arguments based on possession of half the thickness, possession limited to nails/screws, or acquisition of an easement by lost modern grant were new or fact‑sensitive and unsupported by pleadings or evidence and could not be entertained on appeal. Consequently the summary judgment and strike out below were affirmed and the appeal dismissed.