Jim Peter Grant and two others (Respondents) v Glenda Jackman and three others (Appellants) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0102

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Glenda Jackman, Choy Chan Sin, Alloy Sun, David Steele

Respondent(s)

Jim Peter Grant, Anna-Marie James Grant, Lerrie Bovell

Issue

For the purposes of establishing ownership of a property, does section 16(1) of the Registration of Deeds Act mean that a deed which is registered earlier takes priority over a deed which is registered later, even if the former was executed after the latter?

Facts

The Respondents allege that they purchased a particular house (“the Property”) from the Third Respondent for $800,000 by a deed of conveyance dated 10 June 2015 and registered soon after. The Third Respondent in turn alleges that his title to the Property derived from a deed of conveyance executed in 1979 but held in escrow until 2007, then registered on 23 December 2014. The Appellants allege that the Property in fact belongs to them (except Alloy Sun) by virtue of a deed of assent dated 15 April 2014 and registered on 18 June 2014. They allege that their relative Choy Min Sun lived in the Property until shortly before his death in 2013, when he left it to the Appellants (except Alloy Sun, who was the executor and the Appellants’ attorney) by will. Upon receiving a letter from the Appellants informing them of this state of affairs, the Respondents’ attorney carried out a second title search which revealed the deed of assent. The Respondents asked the Third Respondent to return the purchase price and pay the costs of renovation and fees, then initiated a claim when he failed to do so. The Third Respondent did not attend the trial so could not be cross-examined, but his defence asserted that he considered himself to have good and marketable title (having dealt with Choy Min Sun’s agent) and that he was in undisturbed possession of the Property from 1979 until 2015. He only later realised that the deed needed to be registered. He counter-claimed for a declaration that he was the true owner of the Property. The Appellants also counterclaimed for a declaration that they (except Alloy Sun) are the true owners of the Property and that the deed of conveyance between the Respondents and the Third Respondent is null and void.