ARTHUR vs. THE STATE

JUDGMENT OF VAN LARE J.S.C. (His lordship referred to the facts and continued:) The trial court properly in our view rightly rejected the alleged claim of right in good faith and it is clear to us upon a consideration of all the surrounding circumstances that the appellant could not have acted in good faith when he represented to the complainant that he was the absolute owner of the house. There is no doubt that the appellant knew that his title was superseded when the house was purchased by Ama Serwa at a public auction at the instance of the mortgagee, Bassil. He also knew that Bassil had been ordered by the High Court to convey title in the house to the purchaser Ama Serwa in defeat of any claim of title which he might put forward in respect of the property. Notwithstanding all this the appellant withheld such knowledge from the complainant during the negotiations for the sale of the house by him. We are of opinion that the withholding of such material facts from the complainant ...