High Court settles Paramin land dispute between relatives

THE High Court has settled a long-standing land dispute in Paramin between two members of the same family.

Justice Westmin James ruled that Claire Nicholas has been in exclusive and undisturbed occupation of a portion of land at LP38A Paramin Village, but not the entire property as she claimed.

James found that Claire has been in continuous possession of Lot 3, as shown in a 2024 survey plan, but failed to prove she had full control over Lot 2, where her son-in-law, Burton Constantine, built a house. Lot 2 is owned by Anna Nicholas, a relative, who was named as the defendant in the lawsuit.

Claire filed a claim to confirm her ownership of the land, which she said she had lived on and maintained for more than 40 years. She said she and her late husband Izidor Nicholas, moved on to the land when it was vacant, cleared it, and built a two-bedroom house.

Over the years, the house was expanded into a six-bedroom home, and the land was used for planting and family living. Claire said she gave permission to her children and in-laws to build homes on the land, including Constantine, who started building in 2017.

In 2022, Anna filed a separate lawsuit against Constantine, claiming that he had trespassed on her land based on a 2018 deed. Claire filed her claim, arguing that her long-term possession of the land gave her ownership, and that any paper title held by Anna was no longer valid.

However, James ruled that Claire did not provide enough evidence to support her claim to the entire parcel. The judge said surveys from 2015 and 2023 showed no clear fence or boundary wall, and Claire did not prove that she was in exclusive possession of Lot 2.

“I believe the defendant’s witness. He was rather convincing and not shaken in cross-examination,” Justice James said. “There was no fence. I hold that there was no fence.”

As a result, the court dismissed Claire’s claim to Lot 2 and ordered her to pay legal costs. The court did, however, declare that Claire has been in exclusive possession of Lot 3, where her home is located.

The ruling means that Claire retains control of the part of the property she has lived on for decades, but not the encroached portion occupied by Constantine.

Attorney Zeik Ashraph represented Claire while Anna was represented by Farai Hove Masaisai, Crystal Sambrano and instructed by Hove & Associates.