Republic Bank Ltd v Lochan and another

Land – Adverse possession. The respondents brought proceedings against J for possession and damages, contending that they were the registered owners of some land (the premises). Without mentioning the proceedings, J charged the premises to the appellant bank. The judge found in favour of the respondents and the Court of Appeal of the Republic of Trinidad and Tobago dismissed the bank and J's appeal. The Privy Council, in dismissing the bank's appeal, held that, in the circumstances, it had not been open to the Court of Appeal to have found for the respondents on the ground that they had obtained title by adverse possession. However, the first instance judgments in favour of the respondents, based on the finding that they had title to the premises through a 1909 deed, had been correct and would be affirmed.

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