ABSTRACT
The Privy Council held that the claim failed because the plaintiff lacked the title necessary to bring the claim. Since the property will normally be in C’s possession, the claim will usually be brought by A, the original owner who has been dispossessed. If A succeeds in establishing his title to the property, C, the defendant, may argue that nevertheless, as a bona fide purchaser for value, he acquired good title to the property under the transaction with the wrongdoer. If C cannot establish this defence A’s claim will succeed. For the plaintiff to succeed in a common law claim to recover money he also needs to establish the basis on which he is entitled to the money. In equity, as at common law, the plaintiff must be able to show that the property which the defendant received from the wrongdoer was his, the plaintiff’s.
