Maria Fernando and Another v. Anthony Fernando – sllr 1997 volume 2 page 356

The case between Maria Fernando (and another) and Anthony Fernando addressed the issue of whether long and continuous possession by co-owners, absent an overt act of ouster, can confer a prescriptive (adverse) title against other co-owners in a partition action. It was held that such acts—including solitary possession, payment of rates and taxes, and similar conduct—do not amount to adverse possession without clear evidence of exclusion of other co-owners’ rights. This decision reaffirms the legal principle that, between co-owners, adverse possession must be established by overt acts amounting to ouster. The findings relied on established case law and statutory principles emphasizing that silent or secret acts are insufficient and that an explicit denial of the rights of other co-owners is