Thomas Roe KC – Instructed by Charles Russell Speechlys LLP (London) for the Appellent
Case ID
JCPC/2020/0091
Jurisdiction
Bahamas
Parties
Appellant(s)
Denise Barnes
Respondent(s)
Pearl Moxey
Charles Moxey Jnr
Issue
Was the Supreme Court of the Bahamas (upheld by the Court of Appeal) right to hold (a) that the executor of an estate did not have the relevant power to transfer a property to the appellant; and (b) the counterclaim seeking that declaration was not time-barred?
Facts
Pearl Leona Moxey (“Pearl L”) owned a house (the “Property”). Pearl L died on 1 July 1983, leaving the Property to her sons Eddison Moxey (“Eddison”) and Charles Moxey (“Charles Snr”) as tenants-in-common in equal shares. She also named Eddison as executor. On 20 January 2023, Charles Snr died intestate, survived by his two children (who are the respondents) and their mother (Yvette Fleurimond). On 3 February 2003, Eddison granted a power of attorney to Barbara Barnes to sell the Property. On 8 May 2003, Eddison as executor of the estate of Pearl L, conveyed the Property to the appellant for a consideration of $100,000. Half of the consideration went to Eddison and the other half went to Barbara Barnes, who is understood to have distributed it to pay what she considered to be debts of the late Charles Snr (including to her) and by paying some to the respondents. The 8 May 2003 conveyance to the appellant was lodged at the registry of deeds on 21 November 2003. The appellant remained in possession of the Property from at least 8 May 2003 until 15 June 2015, on which date the respondents took possession from her. On 19 June 2015, the appellant commenced these proceedings against the respondents, complaining of trespass. The respondents counterclaimed for a declaration that the estate of Charles Snr was entitled to an undivided one-half equitable interest by virtue of the will of the late Pearl L, and that Eddison had lacked the power to convey this interest to the appellant. The Supreme Court of the Bahamas accepted the counterclaim (thereby rejecting the trespass claim), holding that the estate of Charles Snr was entitled to a declaration that the appellant held the Property on trust for it as to the equitable interest in an undivided half share. The appellant was ordered to convey that interest to the respondents. The Court of Appeal of the Bahamas dismissed the appeal.
Date of issue
4 December 2020
Judgment details
Judgment date
30 January 2025
Neutral citation
[2025] UKPC 5
Judgment links
Appeal
Justices
Hearing dates
Start date
11 April 2024
End date
11 April 2024
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