(1) Francis Girard (2) George Garnier Claimants v Joseph Felicien Acting Herein and represented by Pamela Reynolds Also Called Pamela Philgence Defendant [ECSC]

• Jurisdiction: St Lucia
• Judge: Hariprashad-Charles J
• Judgment Date: 03 May 2004
• Judgment citation (vLex): [2004] ECSC J0503-2
• Date: 03 May 2004
• Court: High Court (Saint Lucia)
• Docket Number: CLAIM NO. SLUHCV2002/0751

[2004] ECSC J0503-2

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

(CIVIL)

CLAIM NO. SLUHCV2002/0751

Between:

(1) Francis Girard

(2) George Garnier

Claimants

and

Joseph Felicien Acting Herein and represented by Pamela Reynolds Also Called Pamela Philgence

Defendant

Hariprashad-Charles J

1 This claim for specific performance came on for hearing on 28^th October and 5^th November 2003 respectively. On 6^th November 2003, I gave an oral judgment and indicated that the reasons therefor would be reduced into a written judgment subsequently. I do so now.

2 The facts of this case are not in dispute. On or about 5^th March 1998, the claimants, Francis Girard and George Garnier were introduced to Pamela Reynolds a.k.a. Pamela Philgence (Ms. Philgence) by Ms. Theodora Jn Baptiste. The purpose of their introduction concerned lands which at the time, Ms. Philgence was offering for sale. The claimants were desirous of purchasing some land and as a consequence, Ms. Philgence took them to view it.

3 They were pleased with what they saw. So, the very next day, that is, 6^th March 1998, they all headed straight to the Law Offices of Mr. Evans Calderon. Mr. Calderon drew up an agreement for sale and they all signed it in his presence. Ms. Philgence, the duly appointed attorney of Joseph Felicien, agreed to sell and both claimants agreed to buy one acre of land each to be dismembered from a larger portion registered in the Land Registry as Parcel 1455B 566 for the consideration of $50,000.00 per acre. They paid by way of deposit the sum of $4,000.00 and agreed to pay a further sum of $21,000.00 by 13^th March 1998.

4 The claimants informed Ms. Jn Baptste of what had earlier transpired. They advised her that they will be sending $21,000.00 later and she must give it to Ms. Philgence. Ms. Jn Baptiste agreed to act as their intermediary. They both returned to the USA.

5 They each sent the sum of $21,000.00 within the stipulated time period. The money was handed over to Ms. Philgence.

6 In the meantime, Ms. Philgence had to do certain things which would pave the way for the execution of the Deed of Sale. They are contained in Clause 4 of the Agreement for Sale. Clause 4 states:

"The vendor agrees to execute the Deed of Sale and transfer title to each purchaser as soon as the sub-division is approved by the Planning Authority and survey is executed where upon the balance of $25,000.00 will be paid."

7 As a result, she engaged the services of Mr. Allan J. Hippolyte, Licensed Land Surveyor to prepare a sub-division of the two (2) acres of land. On 27^th March 1998, Mr. Hippolyte lodged the application with the Development Control Authority (DCA) for planning approval, after which if granted, a survey plan would have been lodged at the Survey Department.

8 Shortly thereafter, the claimants received words from Ms. Jn Baptiste that everything was almost finalized except the access road. Upon hearing so, they sent down the final payment of $25,000.00.

9 Some time passed. By early 1999, the claimants still did not receive the Deed of Sale. They became anxious. Mr. Garnier spoke to Ms. Jn Baptiste. She told him that she was experiencing difficulties in...