Momin (Respondent) v February Point Resort Estates Ltd (Appellant) (Bahamas)
Case ID: JCPC 2020/0048
Jurisdiction:Court of Appeal of the Commonwealth of the Bahamas
a) What is the correct interpretation of section 62 of the Planning and Subdivision Act, 2010 (the "Act"), which provides as follows:
"(1) Any conveyance made after the Act comes into effect regarding lots not granted prior Subdivision Approval shall be null and void.
(2) Notwithstanding subsection (1), where the beneficial owner of a lot in a subdivision prior to the commencement of this Act, conveyed or agreed to convey land within the subdivision but failed to obtain — a. the approval of the Town Planning Committee… or b. the approval of the Minister… such agreement to convey or conveyance shall not be null and void… and any person who obtained title to a lot within the subdivision shall not be prejudiced by the failure of the owner of the subdivision to obtain the necessary approval…"
b) Would FPRE be able to issue a valid conveyance of the property in question to Mr Momin without obtaining approval for its subdivision, on the basis of section 62(2) of the Act?
On 18 February 2008, Mr Momin agreed to purchase a certain property on the island of Great Exuma in the Bahamas from FPRE for $895,000. The purchase price was to be paid in the form of an initial deposit followed by two lump sum payments and the remainder in equal monthly instalments commencing on 1 March 2008. The agreement provided that FPRE shall retain its rights and interest in the property until the entire purchase price had been paid. As of February 2013, Mr Momin had paid the full amount of the purchase price due under the agreement. The dispute between the parties relates to the effect of section 62 of the Act which came into force on 15 January 2011 (that is, after the parties had entered into the agreement for sale) and, in particular, whether FPRE is required to obtain approval for the subdivision of the property in order to complete the transfer of the property to Mr Momin pursuant to the agreement.
The trial judge ruled in FPRE’s favour. The Court of Appeal allowed Mr Momin’s appeal and ordered FPRE to either obtain approval for the subdivision of the property within 30 days or else repay the purchase price paid along with interest. FPRE now appeals to the Judicial Committee of the Privy Council seeking reinstatement of the trial judge’s order
February Point Resort Estates Ltd
Lord Hodge, Lord Briggs, Lady Arden, Lord Sales, Lord Burrows
Hearing start date
20 January 2022
Hearing finish date
20 January 2022
|20 Jan 2022||Afternoon session|