Allen v Young

• Jurisdiction: Jamaica
• Judge: Mody, J.A.,Lewis, J.A.,,
• Judgment Date: 06 February 1967
• Neutral Citation: JM 1967 CA 9
• Docket Number: R.M. Courts Civil Appeal No.76 of 1965
• Court: Court of Appeal (Jamaica)
• Date: 06 February 1967

Court of Appeal

Lewis, P.; Moody, J.A.; Eccleston, J.A. (Actg.)

R.M. Courts Civil Appeal No.76 of 1965

Allen

and

Young

Appearances:

Mr. D. McFarlane for the plaintiff/appellant

Mr. N. Hill for the defendant/respondent

Tort - Damages — Trespass

Mody, J.A.

1 In this matter, the plaintiff brought an action for the recovery of possession of 2 ¹/₂ acres of land butting and bounding on the north-west - and he described the land in question. At the hearing of the case counsel made an application for reference to a surveyor and the learned Resident Magistrate said that he could not make an order with reference to a surveyor without having heard some evidence on which he could make the order. The application for reference to a surveyor was not pursued in the court below and at the conclusion of the hearing of the case, the learned Resident Magistrate gave judgment for the defendant with costs to be agreed or taxed on the claim and judgment for the defendant on the counter claim. I should have indicated that there was a counter claim for trespass.

2 The facts briefly were that the defendant seemed to have entered on the...