Mohammed v Gomez and others (Trinidad and Tobago)

Mohammed v Gomez and others (Trinidad and Tobago)

The respondents' belief in entitlement to security of tenure and option to purchase, coupled with substantial investment in permanent homes and acquiescence by successive owners, established proprietary estoppel. The Court of Appeal was entitled to grant equitable relief consistent with statutory tenants, with an option to purchase at half market value as at the date of exercise of the option.

Parties
Appellant: Ashmeed Mohammed; Respondents: Gomez and others
Jurisdiction
England and Wales
Judgment Date
19 December 2019
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with variation
Legal Topics
Proprietary Estoppel, Statutory Tenancy, Option to Purchase, Acquiescence
Property Law Equity Proprietary Estoppel Statutory Tenancy Option to Purchase Acquiescence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ashmeed Mohammed

Appellant

Gomez and others

Respondents

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the respondents are entitled to equitable interests in the homes built and maintained on the appellant's property
  2. 2 Whether proprietary estoppel by acquiescence applies
  3. 3 Whether the remedy granted by the Court of Appeal was appropriate

Ratio Decidendi

The respondents' belief in entitlement to security of tenure and option to purchase, coupled with substantial investment in permanent homes and acquiescence by successive owners, established proprietary estoppel. The Court of Appeal was entitled to grant equitable relief consistent with statutory tenants, with an option to purchase at half market value as at the date of exercise of the option.

Court Disposition

Appeal dismissed with variation

Orders

  • Respondents entitled to 15-year tenancies commencing 31 May 2011 with option to purchase at half market value as at the date of exercise of the option
  • Court of Appeal order confirmed subject to variation of valuation date