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
Legal Issues
- 1 Whether Mr and Mrs Dean had a better documentary title than Arawak
- 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 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
Full Case Text
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