CAPE Law Unit 2 · 2014 · Paper 2 · Question 5(b)

A nephew is permitted by his uncle to reside rent-free in a downstairs flat until finding alternative housing. He and his spouse remain for 16 years, carrying out improvements without objection. Following the uncle's death, the widow seeks possession, but the nephew claims the property was gifted to him. Explain to Tanya whether she can succeed in an action to recover the apartment from Pinochio.