A long-running legal dispute over land worth £500,000 at Rhydefelin, Pontypridd, looks set to be heard in full, following a Court of Appeal ruling.
The man who had owned the land for 36 years won a Court of Appeal victory from beyond the grave in his challenge to a High Court ruling that Rhonda Cynon Taff Borough Council were entitled to possession, thus barring him from contesting the council’s claim.
Finding in favour of the late Mr Watkins in the Court of Appeal, Aikens J said: “The council’s claim is for possession of the land, and Mr Watkins challenged that claim. But before the current proceedings, Mr Watkins enjoyed the possession of the land and the council had not challenged that in the 34 years since he ousted them in March 1966.
“If his possession was not being challenged in court by the council, then why should Mr Watkins have to take legal proceedings to question the validity of the deed poll? I can see no reason why he should need to do so or be forced to do so.
“But once his possession of the land was disputed by the current proceedings, then why could he not raise the validity point as a defence to the claim for possession as a matter of right, even though it was nearly 12 years after the deed poll had been executed? Again I cannot see why not.”
The decision paves the way for Watkins’ estate to bring the case for full hearing.
Rhondda Cyon Taff Borough Council v Watkins Court of Appeal (Schiemann and Arden LJJ and Aikens J) 12 February 2003.
Geraint Jones QC and Clare Brown (instructed by David W Harris & Co, of Pontypridd) appeared for the appellant; Joseph Harper QC and Daniel Kolinsky (instructed by the solicitor to Rhondda Cynon Taff County Borough Council) appeared for the respondents.
References: PLS News 12/02/03
