Odogwu v Vastguide Ltd & Ors

Odogwu v Vastguide Ltd & Ors

Vastguide is estopped from denying that its registration as proprietor was a mistake within the meaning of Schedule 4 to the Land Registration Act 2002 due to its concession in the consent order. Alternatively, the court finds that Vastguide, by lack of proper care, caused or substantially contributed to the mistake by proceeding with the purchase and registration despite knowledge of the underlying fraud. It would also be unjust not to rectify the register in the circumstances. Accordingly, the court has jurisdiction and will order rectification of the register to remove Vastguide as proprietor and restore the Claimant.

Parties
Claimant: Chief (Dr) Sonny Iwedike Odogwu; First Defendant: Vastguide Ltd; Second Defendant: Investec Bank UK Ltd; Third Defendant: The Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
18 July 2008
Procedural Posture
Civil Land/property / Judgment After Trial of Substantive Issues and Preliminary Issues
Outcome
Claim allowed. Order for rectification of the register to remove Vastguide as proprietor and restore the Claimant.
Legal Topics
Rectification of Land Register, Forgery, Indemnity, Mistake in Registration, Estoppel
Land Law Property Law Equity Rectification of Land Register Forgery Indemnity Mistake in Registration Estoppel

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Parties

Chief (Dr) Sonny Iwedike Odogwu

Claimant

Vastguide Ltd

First Defendant

Investec Bank UK Ltd

Second Defendant

The Chief Land Registrar

Third Defendant

Procedural Posture

Civil Land/property / Judgment After Trial of Substantive Issues and Preliminary Issues

Legal Issues

  1. 1 Whether the registration of Vastguide Ltd as proprietor of Victoria Rise was a mistake within the meaning of Schedule 4 to the Land Registration Act 2002
  2. 2 Whether the court has jurisdiction to rectify the register by removing Vastguide as proprietor
  3. 3 Whether Vastguide caused or substantially contributed to the mistake by lack of proper care

Ratio Decidendi

Vastguide is estopped from denying that its registration as proprietor was a mistake within the meaning of Schedule 4 to the Land Registration Act 2002 due to its concession in the consent order. Alternatively, the court finds that Vastguide, by lack of proper care, caused or substantially contributed to the mistake by proceeding with the purchase and registration despite knowledge of the underlying fraud. It would also be unjust not to rectify the register in the circumstances. Accordingly, the court has jurisdiction and will order rectification of the register to remove Vastguide as proprietor and restore the Claimant.

Court Disposition

Claim allowed. Order for rectification of the register to remove Vastguide as proprietor and restore the Claimant.

Orders

  • Alteration of the register to remove Vastguide Ltd as proprietor of 2 Victoria Rise and restore Chief (Dr) Sonny Iwedike Odogwu as proprietor.