In re Robert Lepper [1925] FJLawRp 2; [1908-1925] 2 FLR 131 (22 May 1925)

[1925] 2 FLR

SUPREME COURT CASES OF FIJI

[CIVIL JURISDICTION.]

[ACTION No. 14, 1925.]

IN RE ROBERT LEPPER

1925, May 22.

In the matter of the application of Robert Lepper for registration of title of land by adverse possession.

Real Property Ordinance 1876 - adverse possession - tenants in common - no survivorship - section 24 of the Real Property Ordinance - possession of one tenant in common not deemed to be the possession of persons entitled to the other share or shares of the land, see 3 and 4 Will. 4 C. 27, s. 12. Indefeasible owner - title of - subject to challenge on the ground of adverse possession for the prescriptive period under section 14 of the Real Property Ordinance.

Held, title by adverse possession can be acquired against a registered title, cf. Belize Estate and Produce Company v. Quilter, A.C. 1897, p. 367; see also a note on section 14 in Hogg's Empire Digest, p. 87.

Sir ALFRED YOUNG, C.J.

(No written decision.)