Meldine Powell v Randy McLean and another
Administration - Application to remove personal representatives of an Intestate Estate on ground appointment obtained by fraud - s 8 of the Succession Act - Probate action to be commenced by Writ- Grand Court Rules Order 5 (2) - Probate and Administration Rules - Succession - Intestacy - Statutory trust for sale arising on intestacy - Whether defendants entitled on intestacy and holding land as trustees - Definition of child of the Intestate - ss29 and 30 (c) of the Succession Act (2006 Revision - Status of Children Act 2003 - s 35 (3) The Succession Act 1975 (Law 18 of 1975) - Land Law - Land Adjudication Act - Land registered in the Crown as unclaimed land - Whether held on trust for purchaser in possession - Land Law -inter vivos gifts of real property - Whether valid gift of land made to defendants - Milroy v Lord - Equity will not perfect an imperfect gift - Limitation of Actions - Succession - Intestacy - Adverse possession - Application of Limitation Act to equitable interests in land - Whether claim for rectification statute-barred - When right of action accrues - Whether defendants acquiring title by adverse possession - Whether grant of Letters of Administration revived Estate's Title - Doctrine of relation back - ss 19, 20, 24, 27 and 31 of the Limitation Act - Succession - Limitation of Actions - Claim for rectification of Register - Whether vesting of Land in the Estate by Crown revived Estate's title - s.23 Limitation Act
All PDF copies on file (1)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | G 0216 OF 2020 |
|---|---|
| Court | Grand Court |
| Judgment Date | 2021-Dec-30 |
| Subject | Administration - Application to remove personal representatives of an Intestate Estate on ground appointment obtained by fraud - s 8 of the Succession Act - Probate action to be commenced by Writ- Grand Court Rules Order 5 (2) - Probate and Administration Rules - Succession - Intestacy - Statutory trust for sale arising on intestacy - Whether defendants entitled on intestacy and holding land as trustees - Definition of child of the Intestate - ss29 and 30 (c) of the Succession Act (2006 Revision - Status of Children Act 2003 - s 35 (3) The Succession Act 1975 (Law 18 of 1975) - Land Law - Land Adjudication Act - Land registered in the Crown as unclaimed land - Whether held on trust for purchaser in possession - Land Law -inter vivos gifts of real property - Whether valid gift of land made to defendants - Milroy v Lord - Equity will not perfect an imperfect gift - Limitation of Actions - Succession - Intestacy - Adverse possession - Application of Limitation Act to equitable interests in land - Whether claim for rectification statute-barred - When right of action accrues - Whether defendants acquiring title by adverse possession - Whether grant of Letters of Administration revived Estate's Title - Doctrine of relation back - ss 19, 20, 24, 27 and 31 of the Limitation Act - Succession - Limitation of Actions - Claim for rectification of Register - Whether vesting of Land in the Estate by Crown revived Estate's title - s.23 Limitation Act |
| Category | Civil (General) |
| Filename (current) | 6ESZRCDWMC991FH796D125F11F99844C7F367603747CF6A238EB.pdf |
| File MD5 | 7a4be84ac9bc2c3c6cde0a0d7d20c4b8 |
| Source pipeline | csv |