Odogwu v Vastguide Ltd & Ors [2008] EWHC 3565 (Ch) (18 July 2008)

Odogwu v Vastguide Ltd & Ors [2008] EWHC 3565 (Ch) (18 July 2008)

Vastguide Ltd, by completing the purchase and applying for registration with actual knowledge that its title depended on a fraud, failed to exercise proper care and thereby caused or substantially contributed to the mistake of its registration as proprietor. The court has jurisdiction and must order rectification of the register to restore the Claimant as proprietor, as neither exceptional circumstances nor justice require otherwise.

Citation
[2008] EWHC 3565 (Ch)
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 Claim Following Preliminary Issues and Consent Orders
Outcome
Claim allowed. Order for rectification of the register granted.
Legal Topics
Rectification of Register, Fraudulent Dispositions, Mistake in Land Register, Estoppel, Indemnity Under Land Registration Act 2002
Property Law Land Registration Rectification of Register Fraudulent Dispositions Mistake in Land Register Estoppel Indemnity Under Land Registration Act 2002

Case Brief

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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 Claim Following Preliminary Issues and Consent Orders

Legal Issues

  1. 1 Whether the registration of Vastguide Ltd as proprietor of Victoria Rise was a 'mistake' under Schedule 4 of the Land Registration Act 2002 and subject to rectification
  2. 2 Whether Vastguide Ltd caused or substantially contributed to the mistake by lack of proper care or whether it would be unjust not to rectify the register
  3. 3 Whether Vastguide Ltd is estopped from denying the court's jurisdiction to rectify the register

Ratio Decidendi

Vastguide Ltd, by completing the purchase and applying for registration with actual knowledge that its title depended on a fraud, failed to exercise proper care and thereby caused or substantially contributed to the mistake of its registration as proprietor. The court has jurisdiction and must order rectification of the register to restore the Claimant as proprietor, as neither exceptional circumstances nor justice require otherwise.

Court Disposition

Claim allowed. Order for rectification of the register granted.

Orders

  • The register of title relating to 2 Victoria Rise, London NW6 is to be rectified by removing the name of Vastguide Ltd as proprietor and restoring the name of Chief (Dr) Sonny Iwedike Odogwu as registered proprietor.