Allan Crawford and another (Respondents) v Christopher Stubbs and another (Appellants) (Bahamas)

Awaiting hearing date

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2023/0102

Jurisdiction

Bahamas

Parties

Appellant(s)

(1) Christopher Stubbs, (2) Shanna's Cove Estate Co. Ltd

Respondent(s)

(1) Allan R. Crawford, (2) Sharon M. Crawford

Issue

Facts

The Appellants owned an area of land on Cat Island in the Bahamas. In 2010, they agreed to sell part of their land to the Respondents (“Lot A”), leaving the Appellants with another plot of land (“Lot B”). There was an access road between Lots A and B which the First Appellant, Mr Stubbs, stated would never be built upon. The process for the sale of Lot A took place in the course of 2010. Due to the Respondents’ lack of familiarity with Bahamian law, it was agreed that the Appellants’ lawyers would act for both parties. The Appellants’ lawyer did so and duly prepared the conveyance for sale of Lot A. It was later discovered that a deed of rectification was required, which was also prepared and executed. Shortly after the purchase, both parties started construction on Lots A and B respectively. In September 2014, the Respondents learned that the First Appellant had constructed a septic tank opposite the Respondents’ property and had also begun construction of a building on the access road. The Respondents made numerous requests for the First Appellant to cease all construction but none were successful. As a consequence, the Respondents brought an action against the Appellants. The Supreme Court of the Bahamas made a declaration that the Appellants were not entitled to build on the access road. The Supreme Court ordered that the Appellants remove both the structure built upon the access road and the septic tank and issued an injunction preventing the Appellants from ever building on the access road. The Court of Appeal upheld the decision of the Supreme Court, save in respect of the removal of the septic tank. The Appellants now appeal to His Majesty in Council.