ALI ROJOB & Anor v RONABIR DEB

ALI ROJOB & Anor v RONABIR DEB

The Buy Back Agreement was not subject to any time limit. The Claimants relied to their detriment on the Defendant’s assurance that they could repurchase the property at £205,000. It would be unconscionable for the Defendant to refuse to transfer the property back at that price. An equity arises in favour of the Claimants, to be satisfied by the transfer of the property to them for £205,000 plus the amount required to redeem the mortgage, up to £215,000, with the Claimants to pay the transfer costs.

Parties
Claimant: Ali Rojob; Claimant: Rabea Rojob; Defendant: Ronabir Deb
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Civil Property/trusts / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Proprietary Estoppel, Constructive Trusts, Buy Back Agreements, Unconscionability
Equity Property Law Proprietary Estoppel Constructive Trusts Buy Back Agreements Unconscionability

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 4 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ali Rojob

Claimant

Rabea Rojob

Claimant

Ronabir Deb

Defendant

Procedural Posture

Civil Property/trusts / Judgment After Trial

Legal Issues

  1. 1 Whether the Buy Back Agreement was subject to a time limit
  2. 2 Whether proprietary estoppel or constructive trust arises in favour of the Claimants
  3. 3 Whether the Defendant is obliged to transfer the property back to the Claimants at the original price

Ratio Decidendi

The Buy Back Agreement was not subject to any time limit. The Claimants relied to their detriment on the Defendant’s assurance that they could repurchase the property at £205,000. It would be unconscionable for the Defendant to refuse to transfer the property back at that price. An equity arises in favour of the Claimants, to be satisfied by the transfer of the property to them for £205,000 plus the amount required to redeem the mortgage, up to £215,000, with the Claimants to pay the transfer costs.

Court Disposition

Claim allowed

Orders

  • Defendant to transfer unencumbered freehold title to the Claimants upon payment of £205,000 plus the amount required to redeem the mortgage, subject to a limit of £215,000.
  • Claimants to bear the legal costs of the transfer.