Workers Savings & Loan Bank and E.P. Mignott v Paul C. Mignott

• Jurisdiction: Jamaica
• Judge: BINGHAM. J.A.: , WALKER. J.A.: , PANTON, J.A. (Ag.):
• Judgment Date: 04 October 1999
• Neutral Citation: JM 1999 CA 57
• Judgment citation (vLex): [1999] 10 JJC 0401
• Date: 04 October 1999
• Court: Court of Appeal (Jamaica)

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE BINGHAM J.A.THE HON. MR. JUSTICE WALKER, J.A.THE HON. MR. JUSTICE PANTON, J.A. (Ag.)

BETWEEN

WORKERS SAVINGS & LOAN BANK

APPELLANT

AND

E. P. MIGNOTT

PAUL C. MIGNOTT

RESPONDENTS

Dennis Goffe, Q.C.

Raphael Codlin

CONTRACT - Motor truck - Purchase subject to bill of sale - Whether Bill of Sale null and void due to late registration

BINGHAM. J.A

1 I have taken the advantage of reading in draft the judgment prepared in this matter by Walker, J.A. I am entirely in agreement with the reasoning and the conclusion therein. There is nothing further that I could usefully add.

WALKER. J.A

2 The determination of this short appeal turns on a true construction of section 3 of the Bills of Sale Act ("the Act").

3 The facts are uncomplicated and not in dispute. In 1995 the respondents purchased a motor truck from the registered owner of the vehicle, Millicent Clarke, at a price of $500,000. Unknown to the respondents at the time of purchase, the truck was subject to a bill of sale held by the appellant to secure a loan of $170,000 to Millicent Clarke. This bill of sale was executed on May 12, 1993, and should have been recorded in the Island Record Office within 30 days of that date in conformity with the provisions of section 3 of the Act. In fact, the document was not recorded until July 1, 1993, due, it would seem, to inadvertence on the part of the appellant. On June 16, 1995, the Bailiff for the parish of Clarendon, acting on the instructions of the appellant, seized the motor truck. Having been dispossessed of the vehicle in this way, the respondents (as plaintiffs) commenced civil proceedings by way of originating summons against the appellant claiming for a declaration that, as against the respondents, the bill of sale made between the appellant and Millicent Clarke was null and void by reason of its late registration. On June 6, 1996, this summons was heard by Ellis, J. who found in favour of the respondents and ordered as follows:

• "(i) The Bill of Sale executed on the 12th day of May, 1993 and registered in the Island Records Office on the 1st day of July, 1993 is null and void and of no effect.

• (ii) The said Effie Mignott is entitled to possession of the said truck.

• (iii) The Bailiff is to deliver the said truck the subject of this matter to the Plaintiffs.

• (iv) Costs to the Plaintiffs to be taxed if not agreed.

• (v) Liberty to apply to either party."

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