Peter Demetriou v Mehmood Mapara & Ors.

Peter Demetriou v Mehmood Mapara & Ors.

The exclusive right to dig graves granted to Badgehurst Ltd under the deeds was personal and did not pass to successors in title. Mr Demetriou cannot confer upon himself the exclusive right to dig graves through regulations, and the judge's declarations accurately reflect the legal position and exercise of discretion.

Parties
Defendant/appellant: Peter Demetriou (also known as Panayiotis Demetriou); Claimant/respondent: Mehmood Mapara; Claimant/respondent: Saleem Shaikh; Claimant/respondent: Abdul Rashid Teladia; Claimant/respondent: Ismail Isa Amaan
Jurisdiction
England and Wales
Judgment Date
19 July 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Burial Rights, Interpretation of Deeds, Regulation of Cemetery, Assignment of Rights, Judicial Discretion in Declarations
Property Law Trusts and Probate Burial Rights Interpretation of Deeds Regulation of Cemetery Assignment of Rights Judicial Discretion in Declarations

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Parties

Peter Demetriou (also known as Panayiotis Demetriou)

Defendant/appellant

Mehmood Mapara

Claimant/respondent

Saleem Shaikh

Claimant/respondent

Abdul Rashid Teladia

Claimant/respondent

Ismail Isa Amaan

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether exclusive burial rights granted to Badgehurst Ltd passed to its successors in title
  2. 2 Whether Mr Demetriou could confer upon himself exclusive right to dig graves via cemetery regulations
  3. 3 Proper interpretation of 'areas' versus 'plots' in the deeds

Ratio Decidendi

The exclusive right to dig graves granted to Badgehurst Ltd under the deeds was personal and did not pass to successors in title. Mr Demetriou cannot confer upon himself the exclusive right to dig graves through regulations, and the judge's declarations accurately reflect the legal position and exercise of discretion.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • The exclusive rights to dig graves at the Cemetery for the Association granted to Badgehurst in the Deeds was not also granted to Badgehurst’s successors in title and did not pass to Mr Demetriou on his acquisition of the Cemetery.
  • Mr Demetriou is not entitled to insist on digging graves for the Association pursuant to his regulations for the Cemetery as they were at the date of trial.