SCC 36/2007

This case involved land which is was claimed belonged to a tribe and on which buildings had been built without permission. The court rejected the case as litigation could not be taken by one party on behalf of the whole tribe.

Background

Two claimants filed a case against a claimant at Addayer General Court claiming they had occupied a part of a piece of land which belonged to their tribe and established a house and stockyard on it. They requested the court to order the defendant to demolish the house and the stockyard.

Decision

The court rejected the case because the defendant could not represent the whole tribe. The court stated it would accept the case if the claimants filed the case on their own lands.

The court of cassation upheld the ruling. The citation and hearing date given are those of Addayer General Court as the court of cassation merely upheld the ruling.