Dennis Dean and another (Appellants) v Arawak Homes Limited (Respondent) (Bahamas)

Dennis Dean and another (Appellants) v Arawak Homes Limited (Respondent) (Bahamas)

Mr and Mrs Dean did not acquire good title as Mr Johnson's certificate of title was obtained by fraud, and they were not bona fide purchasers for value without notice; proprietary estoppel and possessory title claims failed due to lack of evidence and credibility.

Citation
[2014] UKPC 24
Parties
Appellant: Dennis Dean; Appellant: Rouschard C Martin; Respondent: Arawak Homes Ltd
Jurisdiction
United Kingdom
Judgment Date
29 July 2014
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Documentary Title, Fraudulent Conveyance, Bona Fide Purchaser, Proprietary Estoppel, Adverse Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Dennis Dean

Appellant

Rouschard C Martin

Appellant

Arawak Homes Ltd

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether Mr and Mrs Dean had a better documentary title than Arawak
  2. 2 Whether the judgment against CB in action no. 355 of 1985 is binding on Mr and Mrs Dean or any other person in the chain of title
  3. 3 Whether Mr and Mrs Dean were bona fide purchasers for value without notice of a defect in title

Ratio Decidendi

Mr and Mrs Dean did not acquire good title as Mr Johnson's certificate of title was obtained by fraud, and they were not bona fide purchasers for value without notice; proprietary estoppel and possessory title claims failed due to lack of evidence and credibility.

Court Disposition

appeal dismissed

Orders

  • Arawak declared lawful owner of disputed plots
  • No proprietary estoppel applies