Facts:

Ms. A is in a relationship with Mr. B. Together both acquired a motor vehicle. The vehicle is registered in the name or Mr. B but Ms. A undertook all payments. Later the couple separated and Mr. B sought the removal of the car from his name.

Mr. B refused transfer of mortgage documents and deed of sale to Ms. A and complicated the same with the filing of a voluntary surrender. Several payments had passed and now Ms. A is compelled to surrender the car to the bank by both the bank and Mr. A.

Issue:

Whether Ms. A can impose transfer of the car to her name given that she made all payments.

Decision:

Mr. B can compel surrender of the vehicle as the registration remains in his name. The bank recognizes one name: that found on the deed. A voluntary surrender arising between the contracting parties of the deed will be acknowledged in law. Ms. A can proceed against Mr. B for reimbursement of all payments made but after providing proof of said payments.

However if a pre-existing document may be provided identifying Mr. B as only a naked owner and Ms. A as beneficial owner, the bank will give recourse to Ms. A’s demand for a transfer to her name

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