Bannerman Town, Millars and John Millars Eleuthera Association (Appellant) v Eleuthera Properties Ltd (Respondent) (Bahamas)
Stephen Jourdan QC and Oliver Radley-Gardner appeared for the Appellants in Bannerman Town, Millars and John Millars Eleuthera Association (Appellant) v Eleuthera Properties Ltd (Respondent) [2018] UKPC 28, together with Richard H Lightbourne and Timothy Eneas of McKinney Bancroft & Hughes and instructed by Theo Solley of Sheridans. This was an appeal from the Commonwealth of the Bahamas, and concerned a quieting of title petition under the Bahamian Quieting Titles Act 1959. In the original proceedings, which lasted some 40 days before Hepburn J, the Respondent applied for its paper title to be quieted, and the Appellant filed an adverse claim, with others, claiming adverse possession. Hepburn J upheld the Respondent’s paper title. In the Court of Appeal, by a majority, the Court of Appeal reversed Hepburn J’s finding that the Respondent had a paper title and found instead that it had title by adverse possession. It rejected the Appellant’s claim for title by adverse possession.
The Privy Council have now decided that the Respondent had no title at all, but also found that the Appellant had not title, meaning that the land is currently without any title at all. A fuller analysis of the case will follow.
The judgment can be found here
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