28 Apr 2014
FAIRBO INVESTMENT LTD AND ANOTHER v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- FAIRBO INVESTMENT LTD AND ANOTHER v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL35/2012
The Court quashed the Tribunal's findings that the Lanes were government land by surrender by estoppel and that a right of way had been created in favour of the Government because the Tribunal failed to take into account relevant and material evidence (the 1957 assignments conveying parts of the Lanes and the fact that the intended new lot numbers were never implemented) and because the evidence relied upon did not reasonably support a legal right of way as distinct from a mere licence; the technical ground was also wrongly relied on as it was not live. The appropriate remedy is quashing the…