Mohammed (Appellant) v Gomez and others (Respondents) (Trinidad and Tobago)

Mohammed (Appellant) v Gomez and others (Respondents) (Trinidad and Tobago)

The respondents acquired equitable interests in the land by proprietary estoppel, based on assurances, reliance, and detriment, and the appropriate remedy is a 15-year tenancy from 31 May 2011 with an option to purchase at half market value as at the date of exercise of the option.

Source-derived case information.

Citation
[2019] UKPC 46
Parties
Appellant: Ashmeed Mohammed; Respondents: Gomez and others
Jurisdiction
United Kingdom
Judgment Date
19 December 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment (privy Council)
Outcome
appeal dismissed with variation
Legal Topics
Proprietary Estoppel, Statutory Tenancy, Acquiescence, Remedies in Equity
Land Law Equity Proprietary Estoppel Statutory Tenancy Acquiescence Remedies in Equity

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Parties

Ashmeed Mohammed

Appellant

Gomez and others

Respondents

Procedural Posture

Civil Appeal / Final Appellate Judgment (privy Council)

Legal Issues

  1. 1 Whether the respondents acquired equitable interests in the appellant's land by proprietary estoppel
  2. 2 Whether the pleadings and evidence supported a finding of estoppel by acquiescence
  3. 3 Whether the remedy granted by the Court of Appeal was appropriate

Ratio Decidendi

The respondents acquired equitable interests in the land by proprietary estoppel, based on assurances, reliance, and detriment, and the appropriate remedy is a 15-year tenancy from 31 May 2011 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

  • Order of the Court of Appeal confirmed, subject to variation: the option to purchase is to be at half market value as at the date of exercise of the option, not as at 31 May 2011.