Reid v Freeport Savings and Loan Association Ltd ((in Liquidation))

• Jurisdiction: Bahamas
• Judge: Luckhoo, P.
• Judgment Date: 27 October 1983
• Neutral Citation: BS 1983 CA 21
• Date: 27 October 1983
• Court: Court of Appeal (Bahamas)
• Docket Number: Civil Side No. 12 of 1981

Court of Appeal

Luckhoo, P.; Henry, J.A.; DaCosta, J.A.

Civil Side No. 12 of 1981

Reid

and

Freeport Savings and Loan Association Ltd. (In Liquidation)

Real property - Mortgage — Application for enforcement

Luckhoo, P.

1 On September 15, 1980 the respondent filed in the Supreme Court an originating summons seeking enforcement of a mortgage made on October 18, 1968 between the appellant as mortgagor and the respondent as mortgagee in respect of certain land in Freeport, Grand Bahama (hereinafter referred to as “the land”). By a written judgment delivered on April 9, 1981 the learned trial judge found in favour of the respondent. This is an appeal against that judgment.

2 The evidence at the hearing of the originating summons was by way of three affidavits. From those affidavits the following facts emerge:–

1

On June 6, 1967 Sand and Sea Investments Co. Ltd. (hereinafter referred to as “the Company”) by instrument, in writing agreed to sell the land to the appellant for $44,000 and to finance $25,000 part of that purchase price. 2. On June 7, 1967 the Company conveyed the land to the respondent by way of a mortgage to secure an amount of $25,282 recorded at Vol. 1125 pages 287 to 294 of the Registry of Records. 3. On October 16, 1968 the respondent by its vice-president William Vick executed a deed acknowledging payment of the mortgage of June 7, 1967, this deed being lodged for recording on January 7, 1969 and recorded at Vol. 1358 page 448-450 of the Registry of Records. 4. On October 17, 1968 the respondent by its vice-president William Vick, in exercise of its power of sale as a mortgagee upon default by the mortgagor, executed a conveyance of the land to the appellant for $25,000. This conveyance was lodged for recording on January 17, 1969 and recorded at Vol. 1358 pages 451-455 of the Registry of Records. 5. On October 18, 1968 the appellant executed a mortgage of the land in favour of the respondent as mortgagee to secure an amount of $25,000, that mortgage being lodged for recording on January 17, 1969 and recorded at Vol. 1358 pages 456-463 of the Registry of Records.

3 The documents executed on October 16, 17 and 18 were signed and dated by one Mr. Kandiah, a solicitor. There was however no evidence by way of affidavit or otherwise by him. Nor was there any other evidence as to the circumstances surrounding the execution of the deed acknowledging payment of the mortgage. The only evidence as to the circumstances surrounding the execution of the other two documents was in the affidavit of the appellant which stated that “the respondent requested me to sign the aforementioned mortgage in their favour, at the same time that they gave me a conveyance of the property - under a power of sale which they purported to possess in respect of the said premises.” The affidavit in support of the originating summons was by one of the liquidators of the Freeport Savings and Loan Association Ltd. which on June 29, 1970 had been ordered to be wound up under the supervision of the...