Angelo v Da Cambra & Anor (CS 137/2019) [2020] SCSC 609 (18 September 2020)

Angelo v Da Cambra & Anor (CS 137/2019) [2020] SCSC 609 (18 September 2020)

The First Defendant did not breach the law by transferring his undivided share in the co-owned property to another co-owner without a fiduciary. However, the registration of the transfer as to a specific house and area was improper, as all co-owners have subsisting rights in the buildings on the land. The Land Registrar was liable for registering the transfer in this form. The Plaintiff is entitled to repayment of a loan acknowledged by the First Defendant and nominal damages from the Land Registrar.

Citation
[2020] SCSC 609
Parties
Applicant: Patrick Angelo; First Respondent: Sylvester Marc Da Cambra; Second Respondent: Registrar of Lands and Deeds
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 September 2020
Case Number
CS 137/2019
Procedural Posture
Civil Suit / Judgment
Outcome
Partially allowed
Legal Topics
Co Ownership, Transfer of Undivided Share, Fiduciary Duties, Land Registration, Damages
Source Language
English
Property Law Succession Law Civil Procedure Co Ownership Transfer of Undivided Share Fiduciary Duties Land Registration Damages

Case Brief

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Parties

Patrick Angelo

Applicant

Sylvester Marc Da Cambra

First Respondent

Registrar of Lands and Deeds

Second Respondent

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether a co-owner can transfer an undivided share in co-owned land without the consent of other co-owners or a fiduciary
  2. 2 Whether the Land Registrar erred in registering the transfer without consulting co-owners
  3. 3 Entitlement to damages for improper registration and breach of co-ownership rights

Ratio Decidendi

The First Defendant did not breach the law by transferring his undivided share in the co-owned property to another co-owner without a fiduciary. However, the registration of the transfer as to a specific house and area was improper, as all co-owners have subsisting rights in the buildings on the land. The Land Registrar was liable for registering the transfer in this form. The Plaintiff is entitled to repayment of a loan acknowledged by the First Defendant and nominal damages from the Land Registrar.

Court Disposition

Partially allowed

Orders

  • First Defendant to pay Plaintiff SR25,000 with interest for acknowledged loan.
  • Second Defendant to pay Plaintiff SR5,000 as nominal moral damages.