Siukalia v Pallard [1934] FijiLawRp 4; [1875-1946] 3 FLR 159 (22 March 1934)

SUPREME COURT OF FIJI

Civil Jurisdiction

SIUKALIA

v

PALLARD

Maxwell Anderson, C. J.

March 22, 1934

Registered proprietors as tenants in common in equal shares — small proportion of purchase price contributed by one registered proprietor — whether registration conclusive as to proportions — transfer of moiety by one registered proprietor in possible contemplation of fraud on his creditor — how far transferee's title affected by fictitious consideration in transfer — one registered proprietor in sole occupation and with custody of certificate of title — adverse possession.

In 1917 Pallard and his brother Debi agreed to purchase a piece of land for £500. The deposit of £50 was subscribed by them in equal shares but the balance of purchase price was paid off in instalments by Pallard alone. The purchase was completed in 1921, Debi having paid £25 of the purchase price and Pallard the balance of £475. As from the date of the agreement Pallard occupied the property and Debi and his wife were only occasional visitors by invitation of Pallard. The transfer from the vendor on completion of the purchase in 1921 was to Pallard and Debi, who became registered proprietors as tenants in common each as to one undivided moiety. In 1924 Debi transferred his undivided moiety to his wife Siukalia, the transfer being duly registered and the Certificate of title being produced for this purpose by Pallard. This transfer purported to be in consideration of £275 paid by Siukalia to her husband Debi but was in fact effected by Debi in anticipation of trouble with one of his creditors and without consideration from Siukalia. On one occasion Pallard endeavoured to obtain Siukalia's signature to a document reciting that in consideration of a payment of £25 from Pallard she relinquished all claim to the property; the document was never signed. Debi died in 1933.

In 1933 Pallard lodged a caveat claiming to be the owner in fee simple of the whole of the land on the ground that he had paid the whole of the purchase price and had been in sole possession since 1918. This caveat was removed by the Registrar of Titles on the application of Siukalia after due notice to Pallard. Pallard however applied to the Registrar of Titles for a vesting order, against the granting of which Siukalia lodged a caveat. Siukalia then claimed in the present action a declaration that she was tenant in common with Pallard of the land and entitled to joint possession thereof and that Pallard had not, by adverse possession or otherwise, acquired her interest as tenant in common.