Construction partly built on adjoining property; encroachment; application of Article 545 of the Civil Code;

Transfer of land by analphabet nonagenarian-allegation of fraud-validity of authentic document-insufficient pleadings – non-suit

Appeal against the decision of Supreme Court, which granted a right of way to respondent – enclaved land- existing secondary road- qualifications regarding usage of existing secondary road

Land ownership - acquisitive prescription - conditions to be satisfied to prove acquisitive prescription - meaning of peaceful, unequivocal, uninterrupted

Compulsory acquisition of land – remedies under Part III of Schedule 7 to the Constitution; calculation of deductions- locus standi

Judicial Review of a decision of the Town and Planning Country Authority, where permission for a change of use of building was refused on the basis of cancellation of a lease over the property. Petitioner argued that the said refusal was unjustified, illegal disproportionate, and/or unreasonable and was reached in a procedurally improper manner.

Held: that the decision was not reached in a procedurally proper manner. The purported cancellation was irrelevant for the purposes of the consideration of the application.  The Respondent erred in coming to a decision based on a purported cancellation of the lease without giving the Petitioner an opportunity to be heard.

A writ of certiorari quashing the Respondent's decision was issued.

Right of way; Trespass; threatening violence; erecting barriers; obstructing entry; Article 1382 (3); damages due; permanent injuction

Inheritance, donation deguisee, fraud, challenge of authenticity of the deceased signature, challenge of mental capacity to execute deed of transfer of land