JUDGMENT
REASONS FOR JUDGMENT
On April 10, 2003, we dismissed the appeal made by the Defendant-Appellant (hereinafter referred to simply as the Appellant), and we supported and affirmed the decision of the trial court judge, but the reasons for the decision were deferred. These reasons are now given hereunder.
On the grounds of appeal, the Appellant said:
(i) That the evidence of the Surveyor who had been appointed by the court was not adequately considered.
(ii) That the Appellant’s documents and oral evidence were also not adequately considered, and
(iii) The finding that the Appellant was liable to the Respondent in damages was wrong.
It will, at this stage be necessary to state the facts of the case which emerged from the record and which the trial learned judge accepted and used for her decision.
The Respondent, who had acquired the property in dispute in or about 1988, had built premises on a large portion of it, walled 3 out of 4 parts of the plot and was living in the premis…