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The High Court dismissed a preliminary objection that the land suit was time barred, holding that the limitation issue could not be resolved without evidence.
The appellant's pleadings alleged trespass by the respondent in 2022, but the evidence presented was at variance, seeking to prove the respondent was an invitee since 2012. The appellant failed to prove the pleaded claim on the balance of probabilities, and the respondent's evidence of possession since 1998 was more credible. Parties are bound by their pleadings and cannot succeed on a case not pleaded.
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The tribunal's failure to properly visit the locus in quo and follow the required procedure, or its omission to visit the locus in quo where exceptional circumstances existed, rendered the proceedings and judgment a nullity. Additionally, the non-joinder of the vendor as a necessary party made the suit incompetent. The judgment and decree of the tribunal are set aside and the matter is remitted for retrial with proper joinder and procedure.
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Plaintiff proved ownership by certificate of title; defendants trespassed without consent; plaintiff entitled to vacant possession, demolition, injunction, general damages, but failed to strictly prove specific damages claim.
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The High Court struck out a land suit for failure to serve a proper statutory notice under section 6(2) of the Government Proceedings Act.
The appellant failed to prove ownership of the disputed land, the extent of the alleged trespass, and did not provide sufficient evidence to support his claims. The trial tribunal properly evaluated the evidence and was justified in dismissing the claims for want of proof.
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The suit is not solely based on trespass but also involves ownership and recovery of land, as evidenced by the reliefs sought and the issuance of certificates of title. Therefore, the limitation period for tort does not apply, and the preliminary objection on limitation is without merit.
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The tribunal properly evaluated the evidence, giving no weight to the appellant's inconsistent and unsupported claims. The admission of the unstamped sale agreement was an irregularity but did not occasion a failure of justice, as there was sufficient oral evidence to support the respondent's case. Both grounds of appeal lacked merit.
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The Court of Appeal dismissed an appeal over trespass to land in an estate dispute, holding that the appellant failed to prove ownership or bona fide purchase.
Since the current claim involves alleged recent acts of trespass and potentially different parties or facts, and ascertaining these facts requires evidence, the preliminary objection does not raise a pure point of law and is therefore overruled.
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