Lawlor v Duaibe [1976] FijiLawRp 23; [1976] 22 FLR 134 (17 September 1976)

[1976] 22 FLR 134

SUPREME COURT

Civil Jurisdiction

BRUCE DUNCAN GRAINGER LAWLOR

v

TIMOCI DUAIBE

Tuivaga .J.
17th September, 1976

Licence — court proceedings compromised by settlement that squatter be allowed to remain on land for rest of life — whether owner subsequently entitled to possession — relationship between parties — whether licence protected by equity.

Estoppel — court proceedings compromised by settlement that squatter be allowed to remain on land — whether owner estopped from resiling from settlement — whether licence protected by equity.

For some years the plaintiff had been endeavouring to evict the defendant. In 1962 criminal proceedings were instituted against the defendant's wife and the plaintiffs son in the Suva Magistrate's Court following a shooting incident. These proceedings were subsequently withdrawn against both parties after a compromise had been reached which allowed the defendant to remain on the land for the rest of his life. The plaintiff in 1973 issued a notice to quit and followed this with an action for possession.

Held: Although there was no evidence upon which an actual tenancy could be inferred, the defendant did have a licence to remain on the land. This licence was not a bare licence but one protected by equity as there had been a contract made in 1962 to allow him to remain. The plaintiff was, therefore, estopped from resiling from the compromise reached in the Magistrate's Court.
Cases referred to:
Thoday v Thoday [1964] 2 WLR 371; [1964] 1 All ER 341.
Booker v Palmer [1942] 2 All ER 674.
Errington v Errington [1952] 1 All ER 149; [1952] 1 KB 290.
Thomas v Sorrell [1673] Vaugh 330.
Wood v Leadbitter (1845) 13 M & W 838.
Thompson v Park [1944] 2 All ER 477; [19441 1 KB 408.
Winter Garden Theatre (London) Ltd v Millennium Productions Ltd. [1946] 1 All ER 678; (rvsd) [1947] 2 All ER 331.
Foster v Robinson [1950] 2 All ER 342; [1951] KB 149.
Inwards v Baker [1965] 1 All ER 446; [1965] 2 QB 29.

Action in the Supreme Court for possession of land.
B. N. Sweetman for the plaintiff.
H. M. Patel for the defendant.

TUIVAGA J.: [17th September 1976]