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Grounds Of Appeal
Grounds Of Appeal
The various submissions found within the Written Submissions are grouped, insofar as possible, by reference to 9 grounds identified by Mr Askan which head each section of analysis below.
- Heading
- Introduction
- The Claim and Counterclaim
- The Judgment
- The Court’s Approach on Appeal
- Grounds Of Appeal
- The Judge was wrong to ignore the Respondent’s threats of physical violence and acts of aggression in the Courtroom towards the Appellant
- The Judge was wrong to find, as he did, the ownership of the contested land
- The Judge was wrong to dismiss the argument that an unincorporated organisation cannot claim adverse possession
- The Judge was wrong to find that there was a claim for adverse possession and in granting adverse possession
- The Judge was wrong to grant an easement under the lost modern act
- The Judge was wrong to ignore the direct testimony of the respondent’s witness statement
- The Judge was wrong to deny harassment and nuisance when the respondent first committed an offence
- Other Complaints
- Paragraphs 5 and 6
- Paragraph 22
- Paragraph 24
- The Additional Grounds of Appeal
- Other Applications
- Order that the Respondent complies with the discovery application file on 12 December 2024
- Conclusions