YENKANNA Vs. ACHANNA

JUDGEMENT

(1.) In this appeal, which is brought from the Supreme Court of Fiji, their Lordships find themselves so fully in agreement with the reasoning and conclusion of the learned Chief Justice that they can dispose of the matter somewhat shortly.

(2.) The question for determination in the appeal is whether a certain transfer of a piece of land in Nadroga, Fiji, of an area of some 431 acres, which was made in favour of the appellant by the respondent on 13th December 1941, was made, as the appellant contends, by way of outright sale to the appellant so that he was at all times thereafter the beneficial owner thereof, or was, as the respondent contends, made by way of security and upon terms which in effect made the appellant a trustee for the respondent of the land and any proceeds of sale thereof, after certain mortgages, to which the land was subject, had been satisfied.

(3.) The relevant facts are briefly as follows. In the year 1938 the respondent had bought a piece of land of an area of about 456 acres in the district of Nadroga for the sum of ?700, and had forthwith mortgaged it to a company called Vatu Investments Limited for the amount of the purchase-money.