Angteeah v Bathfield and others (Mauritius)

Angteeah v Bathfield and others (Mauritius)

The sale agreement lapsed due to the non-fulfilment of the condition suspensive requiring Ministry consent for assignment of the lease, and the grant of a new lease did not satisfy or dispense with the original condition; no formal variation was made to substitute the requirement.

Parties
Appellant: Mala Devi Angteeah; Respondent: Sylvia Bathfield; Respondent: Michael Bourgeois; Co Respondent: Permanent Secretary of the Ministry of Housing and Lands
Jurisdiction
England and Wales
Judgment Date
20 May 2019
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Condition Suspensive, Sale of Leasehold Land, Variation of Contract, Assignment of Lease
Contract Law Property Law Condition Suspensive Sale of Leasehold Land Variation of Contract Assignment of Lease

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Parties

Mala Devi Angteeah

Appellant

Sylvia Bathfield

Respondent

Michael Bourgeois

Respondent

Permanent Secretary of the Ministry of Housing and Lands

Co Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requirement to obtain lessor's consent was a condition suspensive or a terme suspensif
  2. 2 Whether the sale agreement lapsed due to non-fulfilment of the condition suspensive
  3. 3 Whether an oral variation or arrangement saved the sale agreement

Ratio Decidendi

The sale agreement lapsed due to the non-fulfilment of the condition suspensive requiring Ministry consent for assignment of the lease, and the grant of a new lease did not satisfy or dispense with the original condition; no formal variation was made to substitute the requirement.

Court Disposition

appeal dismissed