Application for striking out of Defence and/or Summary Judgment – Whether there exists reasonable grounds for defending the claim pursuant to rule 26.3(1)(c) of the Civil Procedure Rules or a real prospect of successfully defending the claim pursuant to rule 15.2(b) of the Civil Procedure Rules – Defendant lacking locus standi as either shareholder or creditor of company to defend action on behalf of company – The company was the mortgagor and has a separate legal personality – Only the company has the legal standing to challenge the transfer of title pursuant to mortgagee’s power of sale – Allegation that property sold at an undervalue – Remedy for mortgagor lies in damages against the mortgagee under s. 106 of the Registration of Titles Act – Mortgagor company now non-existent – Indefeasibility of Certificate of Title except where there is fraud pursuant to s. 70 of the Registration of Titles Act – General and vague allegations insufficient for the purposes of establishing fraud – Robust statutory protection of the bona fide purchaser for value of property by virtue of sections 68 and 106 of the Registration of Titles Act – Purchaser not required to be concerned about manner in which the mortgagee came by Registered Title pursuant to s. 71 of the Registration of Titles Act – Circumstances do not disclose claimant was or could subsequently be shown to be a party to a “continuing fraud” – Absent “continuing fraud” right to pursue action for fraud extinguished by the Limitation of Actions Act see sections 27, 30 and 46 and Interpretation Act section 41
Case Number
2015HCV05095
Presiding Judge
Year
Neutral Citation
[2019] JMSC Civ 09
Date of Delivery