The applicant, Jose Silva, sought a certificate of pending litigation (CPL) against a house formerly co-owned by his late son and daughter-in-law, now solely owned by the respondent, Filipa Andreia Valadao.
Silva claimed an interest in the property based on funds he contributed, variously described as a loan, trust, or entitlement to sale proceeds.
The court found that while Silva raised a triable issue regarding a possible resulting trust, the claim was weak, inconsistent, and could be satisfied by damages rather than an interest in land.
The court also found the CPL was sought for improper purposes, including malice toward the respondent.
The motion for a CPL was dismissed.
