JUDGMENT Benward P
Appellant was properly sued for trespass as he claimed ownership and used the disputed land; tribunal correctly awarded general damages for loss of use; minor discrepancies in evidence regarding boundaries and acquisition year did not affect the credibility or outcome; respondent's evidence was more credible and proved ownership on balance of probabilities.
Source excerpt
- Locus standi
- General damages
- Proof of boundaries
- Burden of proof