23 Aug 2011
DE MONSA INVESTMENTS LTD v. WHOLE WIN MANAGEMENT FUND LTD
- Citation
- DE MONSA INVESTMENTS LTD v. WHOLE WIN MANAGEMENT FUND LTD
- Court
- Court of Appeal
- Case number
- CACV251/2010
The Court allowed the appeal because the vendor failed to produce original title documents (post-intermediate root documents and certain originals relating exclusively to the property) or to give a clear, cogent explanation of their loss; certified copies sufficed for showing title but not for giving title on completion unless originals are proved lost or destroyed; absence of the 1979 Pump Pit Tenancy did not defeat title because it was overtaken by 1988 documents; accordingly purchaser was entitled to refuse to complete and to repayment of the deposit with interest.