UKCA 150 ER 1538
Patrick v Colerick
Type
Case
Court
UK Court of Appeal - Court of Exchequer Chamber
Jurisdiction
Dubai International Financial Centre
Taxonomy
General Real Property Law, Trespass Against the Person, General Tort
Decision date
1 Jan 1838
Catchwords
Personal Property – Ownership – Rights Annexed To Ownership – Right To Retake – Goods Wrongfully In Possession Of Another – Tort – Specific Torts – Trespass And Associated Torts – Trespass To Land – Defences – Entry To Retake Or Remove Goods – Whether Defence To Action – Entry To Retake Own Goods – Goods on Land by Wrongful Act of Plaintiff
This case relates to Article 49 of DIFC Law No. 5/2005.
If A take B's goods and place them on his own land, B may enter to retake them; and a plea alleging these facts, is a good justification in trespass for the entry.
A plea to a declaration in trespass for breaking and entering plaintiff's close, that defendant being possessed of certain goods, plaintiff, without his leave and against his will, took the goods and placed them on the close in the declaration mentioned, wherefore defendant made fresh pursuit, and entered to retake the goods, is a good plea, and a good justification of the entry on plaintiff's close.