Marshall Appuhamy and Another v Punchi Banda – sllr 1986 volume 1 page 399

In the case between Marshall Appuhamy and Another (plaintiffs) and Punchi Banda (defendant), the court addressed whether a stranger acquiring the entirety of a co-owned property, absent knowledge of co-ownership rights, must prove ouster to defeat the presumption of joint possession, or if the establishment of adverse possession for ten years suffices to obtain prescriptive title. It was held that a stranger in exclusive, hostile possession under claim of sole ownership, without knowledge of co-ownership rights, need only prove adverse possession for ten years. This reaffirmed the principle that a stranger’s adverse possession is inherently antagonistic to the rights of co-owners, as distinguished from circumstances involving only co-owners. The holding relied on precedents such as Corea v