Nicholas van Hoogstraten has failed to block the release of three properties to the family of his murdered business rival Mohammed Raja.
Van Hoogstraten and his son Rhett Hamilton were in court today challenging the order of Lightman J authorising the Land Registry to remove all entries and charges registered in Hamilton’s name against the properties.
Hamilton claimed that the order should be set aside because he had “purchased the properties for value” from his father.
Refusing the application, Lightman J said that because he had found that Raja had repaid all the monies owing to Hoogstraten represented by the entries; “the transfer to Mr Hamilton had vested nothing of value in him.”
“The entries should therefore be vacated … the order had been plainly correct,” he said.
Prior to his death in 1999, Raja had launched proceedings in a bid to regain control of the properties that he claimed van Hoogstraten had wrongfully transferred into the names of two of his companies, Rarebargain and Castries Land.
The properties were part of a 16-strong portfolio owned by Raja, over which van Hoogstraten held securities for a series of loans.
Raja alleged that he had repaid the capital of the loans in full before the transfers were carried out.
In June 2006, Mr Justice Lightman granted Raja’s family a declaration that the loans and interest had been fully repaid.
References: EGi News 23/11/06
