Duncanson & Co. (Beryn Duncanson dba) is the Appellant, and East Wind Development Company Ltd, William Dean Reeves, Richardson Arthur, Jeffrey Herman, Ronnie Moore, John Fleming, William Maddox, WB Corporate Management Ltd, and Saunders & Co. (Norman Saunders Jr, dba) are the Respondents. The Registrar of Lands and the Attorney General of the Turks and Caicos Islands are also Respondents. East Wind Development Limited is an Interested Party/Registered Proprietor.
The Originating Summons
The Appellant filed an Originating Summons (CL Action No 150 of 2022) claiming that a settlement agreement created a trust for sale and an equitable interest in all future net proceeds of sale and an unregistrable equitable interest in all "Phase II Lands 40311/31&32". The Appellant alleges that East Wind Development Ltd ("EWD") is the trustee of this interest for the Appellant, and any deviation from the settlement agreement without the Appellant's consent constitutes a breach of trust.
The Settlement Agreement
The alleged settlement agreement, dated 14 June 2007, is between the Appellant's law firm and EWD (represented by Dean Reeves). It outlines legal fees payable by EWD to the Appellant's firm for services related to "Phase II Lands 40311/31&32, East, Middle Caicos".
Restriction on Land
The Appellant applied to lodge a caution on lands belonging to the Respondents, which was refused by the Registrar of Lands. Subsequently, the Registrar lodged a restriction on the said lands belonging to the Respondents, seeking clarification from the Supreme Court under Section 146 of the Registered Land Ordinance.
The Decision of the Court Below
Justice Selochan decided that the Registrar of Lands had erred in exercising his discretion under Section 132 of the Registered Land Ordinance in registering Restrictions against lands (40311/31 & 32) in which the Appellant alleged to have an interest. The Appellant appealed this decision.
Disposition
The Court of Appeal found that the appellant's claim that the settlement agreement created a trust for sale and an equitable interest in the "Phase II Lands" was not sufficient to justify the registration of a restriction against the respondents' properties. The Registrar of Lands had erred in exercising his discretion under section 132 of the Registered Land Ordinance by registering the restrictions. The court concluded that the appellant did not have the required interest in the property of the defendants for a restriction to be registered. Consequently, the appeal was dismissed with costs awarded to the respondents.