Ricardo Pratt v LRA-OBB, Ltd
| Jurisdiction | Bahamas |
| Judge | Winder, CJ |
| Judgment Date | 09 May 2022 |
| Court | Supreme Court (Bahamas) |
| Year | 2023 |
| Docket Number | 2019/CLE/gen/01509 |
IN THE MATTER of the Fraudulent Conveyances Act Ch 150 of the Statute Laws of the Bahamas
Before Hon. Chief Justice Sir Ian R. Winder
2019/CLE/gen/01509
COMMONWEALTH OF THE BAHAMAS
IN THE SURPREME COURT
Common Law & Equity Division
Ricardo Pratt, pro se
Dwayne Fernander with Adrian Hunt for the Defendant
This is a title dispute. The plaintiff, who sues in a representative capacity, claims to have a better title than the defendant to several tracts of land situated in Western Grand Bahama, The Bahamas.
The action was commenced by Specially Indorsed Writ of Summons. In the Statement of Claim indorsed thereon, the plaintiff seeks the following relief:
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(1) That the Plaintiff, in reliance on the Crown Grant to John Bootle his heirs and assigns or other documents of title, has a better documentary title to the 1,450.0 acre John Bootle Tract, than LRA-OBB, Limited and its purported predecessors in title or successors in title;
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(2) An Order, that LRA-OBB, Limited and none of its purported predecessors in title or successors in title have never had and do not now have any right title nor interest in no portion of the tract of land which was originally granted by the Crown to John Bootie his heirs and assigns by a Crown Grant dated December 1818 and recorded in the Registry of Records in Book L1 at page 193 and which was owned in fee simple by the late George Johnson Bootle at the date of his death;
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(3) An Order, that the Plaintiff has a better documentary title to the 146.0 acre John D. Smith Tract and the 500 acre John D. Smith Tract than LRA-OBB, Limited and its purported predecessors in title or successors in title;
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(4) An Order, that LRA-OBB, Limited and none of its purported predecessors in title or successors in title, have never had and do not now have any right title nor interest in no portion of the tracts of land which was originally granted by the Crown to John D. Smith his heirs and assigns by a Crown Grant dated 8 th May 1818 and recorded in Volume L1 at page 146 or the Crown Grant dated 12 th June 187 [sic] and recorded in Volume L1 at page 122 and which was owned in fee simple by the late John D. Smith;
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(5) An Order that the purported Indenture of Conveyance dated 29 th January 2009 and made between LRA-OBB, Limited and Ginn-LA West End, Limited and recorded in the Registry of Records in Volume 10722 at pages 498 to 535 is a forged document of title for a 365.24 acre tract of land which forms a part of the 810.8 acre Eastern portion of the [late] John Bootle Tract and the purported conveyance and all subsequent conveyances are all null void and of no effect in law or in equity; and or are all void pursuant to the Fraudulent Conveyances Act;
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(6) An Order, that the purported Supplemental First Legal Mortgage dated 16 th February 2011 and made between Ginn-LA West End, Limited and Credit Suisse AG, Cayman Islands Branch and recorded in the Registry of Records in Volume 11311 at pages 381 to 409 is a forged document of title for a 365.24 acre tract of land which forms a part of the 810.8 acre Eastern portion of the John Bootle Tract and the purported mortgage and all subsequent conveyances are all null void and of no effect in law or in equity; and or are all void pursuant to the Fraudulent Conveyances Act;
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(7) An Order, that the purported Indenture of Conveyance dated 27 th April 2006 and made between Grand Bahama Hotel Company and Ginn-LA West End. Limited and recorded in the Registry of Records in Volume 9644 at pages 457 to 475 is a forged document of title for the John Bootle Tract and the purported conveyance and all subsequent conveyances are all null void and of no effect in law or in equity, and or are all void pursuant to the Fraudulent Conveyances Act;
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(8) An Order that the purported Indenture of Conveyance dated 1 st July 1997 and made between Grand Bahama Hotel Company and West End Resorts. Limited and recorded in the Registry of Records in Volume 7194 at pages 426 to 433 is forged a document of title [sic] for the 146.0 acre John D Smith Tract and the purported conveyance and all subsequent conveyances are all null void and of no effect in law or in equity; and or are all void pursuant to the Fraudulent Conveyances Act;
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(9) An Order, that the purported Indenture of Conveyance dated the 31st December, 2007 and made between West End Resorts, Limited and LRA-OBB, Limited and recorded in the Registry of Records in Volume 10319 at pages 1 to 49 is a forged document of title for portions of the John D. Smith Tracts and the purported conveyance and all subsequent conveyances are all null void and of no effect in law or in equity; and or are all void pursuant to the Fraudulent Conveyances Act;
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(10) An Order, that the purported Indenture of Conveyance dated the 4th May, 1959 and made between Grand Bahama Properties, Limited and Charles Sammons and recorded in the Registry of Records in Volume 184 at pages 118 to 135, is a forged document of title for portions of the John Bootle Tract, and the John D. Smith Tracts and the purported conveyance and all subsequent conveyances are all null void and of no effect in law or in equity; and or are all void pursuant to the Fraudulent Conveyances Act;
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(11) An Order, that the purported Indenture of Conveyance dated the 28th June, 1960 and made between Grand Bahama Properties, Limited and Charles Sammons and recorded in the Registry of Records in Volume 314 at pages 317 to 329, is a forged document of title for land and the purported conveyance and all subsequent conveyances are all null void and of no effect in law or in equity; and or are all void pursuant to the Fraudulent Conveyances Act;
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(12) An Order, that the devisefs) in the unrecorded purported Last Will and Testament of the late Horatio Wilchombe dated the 24th January, 1906 are void on the ground(s) that it offends the Rule against Perpetuities and the purported Last Will tails; and the late Horatio Wilchombe was not the owner in fee simple in possession of no portion of the John Bootle Tract nor the John D. Smith Tracts at the date of his death, and the Wilchombe Will cannot form a good root of title to the John Bootle Tract nor the John D. Smith Tracts or any portion thereof;
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(13) An Order, that the purported Indenture of Conveyance dated 1 st July, 1919 and made between Horatio Nelson Wilchombe (the Younger) et al and George Jonas and recorded in the Registry of Records in Book 1.11 at pages 136 to 144, in reliance on the false devise contained in the purported Last Will and Testament of the late Horatio Nelson Wilchombe, and all subsequent deeds, conveyances or agreements for sale for the tract of land granted by the Crown to John Bootle his heirs and assigns by a Crown Grant dated December, 1818, and owned by the late George Johnson Bootle and his heirs; and the purported conveyance and all subsequent conveyances are all null void and of no effect in law or in equity; and or are all void pursuant to the Fraudulent Conveyances Act
The defence of the defendant is captured in paragraphs 11, 12 and 13 of the Defence, which provides:
11. As to Paragraph 3 of the Statement of Claim, save that John Bootie was the original Crown Grantee of the property described in the Crown Grant dated 15 th December 1818, containing 960 acres more or less (“the John Bootle Tract”) the Defendant denies the allegations set out therein and, in the Particulars thereto….
12. Paragraph 4 of the Statement of Claim is denied. The Defendant avers that by virtue of an Indenture of Conveyance dated 27 th April, 2006 and made between Grand Bahama Hotel Co. and Ginn-LA West End, Limited (“Ginn”) and now recorded in the Registry of Records in Volume 9644 at pages 457 to 475, and by virtue of a Certificate of Title dated the 26 th May, 2006 issuing out of Equity Action No. 511 of 2005, and now recorded in the said Registry of Records in Volume 9697 at pages 466 to 470, Ginn became seised in fee simple in possession of all of the lands therein conveyed all of which said land is the subject of this Action. Further, the Defendant avers that on the 11 th May, 1847 George J. Bootie under the provisions of the Act 9 Victoria Chapter 10 commuted the Bootle Tract (containing Nine hundred and Sixty acres) situate near the Western End of the Island of Grand Bahama originally granted to John Bootle.
13. Paragraph 5 of the Statement of Claim is denied save that the Defendant by virtue of an Indenture of Conveyance dated 28th January 2009 and made between (“Ginn”) and the Defendant, and recorded in the Registry of Records in Volume 10722 at pages 498 to 535 [the Defendant] became seised in fee simple of all that parcel of land described in the Schedules thereto. The Defendant repeats paragraphs 11 and 12 of the Defence.
The defendant also sought, in the Defence, to reserve a right to make an application for the Writ of Summons to be struck out on the grounds that the claim is frivolous, vexatious and an abuse of the process of the Court or alternatively on the basis of the Limitation Act However, no such application was made by the defendant prior to the trial of the action.
In his Reply to the Defence, the plaintiff asserted at paragraphs 1, 3(iv) and 4(i) as follows:
1. The Plaintiff repeats and relies on Paragraph(s) 1 to 29 of the Statement of Claim (hereinafter “SC”) in its entirety; and or Section 30 of the Limitation Act; and or Section 50(1)(2) of the Administration of Estates Act, 2010 on the grounds that this is an action for trespass and or the recovery of land owned in fee simple by the Estate of George Johnson Bootle.
2. …
3. No reply to the Defendant's Statement in paragraph 3 of the Defence
Paragraph(s) 1 through 2 is repeated...
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