Sella Naide vs Christie – clr volume 2 page 043

Brief
In the case between Sella Naide and others (plaintiffs) and the holder of a Crown grant (defendant), the court addressed whether plaintiffs’ long-standing cultivation and possession of land were sufficient to establish title by prescription against a Crown grant. It was held that proof of actual, continuous possession and cultivation by the plaintiffs prior to and up to the date of the Crown grant sufficed to displace the Crown’s claim, provided the defendant failed to show a superior title. The principle reaffirmed is that long, adverse private possession, supported by clear evidence, can bar subsequent claims under a Crown grant. The Prescription Ordinance and established precedents were relied upon, underscoring that possession need not terminate immediately prior to litigation bu