Wall must come down, orders Court of Appeal
A Horton Tenantry, St Joseph family will have to knock down a wall, which a High Court judge ordered them to do 17 years ago.
The matter first began when Lionel St Hill, who lives on the adjacent property, brought a case against Hilda Hoyte after he found difficulty in accessing his property. While St Hill could gain access by foot, he does not have complete right-away since a car cannot drive to his home.
Hoyte later appealed that High Court decision but nothing further was done. She is now deceased but her relatives now own the property.
Attorney-at-law Andrew Clarke therefore asked the Court of Appeal to strike out that application made by Hoyte given the length of time which had since elapsed, without the matter being prosecuted.
Today’s Court of Appeal decision affirms the 1997 decision by former Justice Frank King.
Attorney-at-law Alwyn Archer appeared on behalf of the Hoyte family.