juris

Section 166: Proof of occupation of immovable property

Courts Act · PART V: EVIDENCE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

166. Proof of occupation of immovable property (1) (a) In any claim to rent or indemnity for the occupation of immovable property, oral evidence shall, when a lease is denied and is not completely established by writing, be admissible to prove or disprove the occupation and the amount or payment of the indemnity, and the party suing shall be entitled to the indemnity although it may result from the oral evidence given that the occupation existed under a lease. (b) Such a claim for indemnity shall be barred by one year’s prescription. (2) Nothing in this section shall alter any law by virtue of which the possessor of immovable property is entitled to retain the fruits of the property and to make them his own.

Ask juris about this section Official source

Questions this section answers