15th Feb 2012

Facts

The appellant (R) appealed against a decision which had the effect of dismissing his claim against the respondent bank (B).

The claim was for the recovery of sums of money which had been loaned to B in or around 1981 by two companies which had been incorporated in Curacao.

Held

R had referred to a number of documents but the essential documents evidencing the loans were two certificates of deposit, and they showed the companies themselves as the creditors. There was no suggestion that the certificates were endorsed in favour of any third party, and there was no documentary trail establishing R's claim to legal or beneficial ownership of the sums which B owed to the companies (see paras 28-29 of judgment).

Comment

Sums of money loaned to a bank in 1981 were payable to two companies, not the appellant.


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