Luwis Singho and Others v. Ponnamperuma – sllr 1996 volume 2 page 320

In the case between Lewis Singho and Others (Plaintiffs) and Ponnamperuma (Defendant), the court addressed the issue of the appropriate legal action for the recovery of property, examining the distinctions between rei vindicatio (which requires proof of title) and an action for declaration of title and ejectment (which may rely on prior possession and ouster). It was held that the jus tertii defence, which raises the claim that property belongs to a third party, was not applicable in an action for declaration of title and ejectment, particularly where the defence is not based on any predecessor in title or the alleged third party is not part of the proceedings. This decision reaffirmed the principle that possessory claims under Section 3 of the Prescription Ordinance may result in relief e