Andas v Edward

• Jurisdiction: St Lucia
• Judge: Hariprashad-Charles, J.
• Judgment Date: 09 September 2004
• Neutral Citation: LC 2004 HC 42
• Docket Number: 810 of 2000
• Court: High Court (Saint Lucia)
• Date: 09 September 2004

High Court

Hariprashad-Charles, J.

810 of 2000

Andas

and

Edward

Appearances:

Mr. Lorne Theophilus for the claimant.

Defendant in person.

Contract - Gift — Claim for specific performance of alleged promise that the applicant would be given land eventually after being allowed to work it.

Hariprashad-Charles, J.

1 On 11th June 2004, I delivered an oral judgment in this matter dismissing the defendant's counterclaim and awarding him damages of $1,765.00 for improvements. I gave detailed reasons for my decision but promised to reduce those reasons into writing. I do so now.

BRIEF FACTS

2 The facts briefly stated are as follows. On 14th August 2000, the claimant, Edward John Andas as administrator of the estates of the late Cecile Jules and Edwin Andas, issued a Writ indorsed with Statement of Claim against the defendant, Trevor Edward claiming among other things, an order that Mr. Edward removes his wooden house which is on a parcel of lands which belonged to the late Cecile Jules and Edwin Andas. The parcel of land is situate at Monier in the Quarter of Gros Islet and was previously registered in the Land Registry as Block 1450B Parcel 46. By Mutation No. 448/2001, it is now registered as Block 1450 Parcel 510.

3 Mr. Edward filed a defence and counterclaim. The gist of his defence is that Edwin Andas (“the deceased”) permitted him to work on his land and make necessary improvements with the view that he would eventually get his (the deceased) share. He counterclaimed for the following:

• (a) An order for specific performance of an onerous gift.

• (b) An Order that the parcel of land registered in the Land Registry as Block 1450B 510 (not 52) and situate at Monier be transferred to the claimant.

• (c) Alternatively, that the claimant do pay the defendant the sum of $22,890.00 and

• (d) Damages for breach of agreement and/or promise.

4 On 5th December 2003, I dismissed the claim for want of prosecution and the order on the counterclaim was reserved. On 7th June 2004, I proceeded with the matter on the basis of the counterclaim.

THE COUNTERCLAIM

5 Mr. Edward claimed damages which he allegedly suffered as a result of breach of agreement and/or promise made and confirmed by the deceased on or about May 1990 and in 1994 verbally and in writing to the effect that the deceased would transfer to him by Deed of Donation an interest in the parcel of land on condition that he assists the deceased financially and otherwise in (i) taking out Letters of Administration with respect to the estate of Cecile Jules co-owner of the said parcel of land with the deceased and (ii) in developing the same.

6 He also alleged that at the time that the agreement/promise was made, the said parcel of land was not in a condition to commence development and as a result, he had to do a number of things to facilitate ease in dealing with the property. Firstly, he had to obtain Letters of Administration at a cost of $1,500.00 so that the property could be vested solely in the name of the deceased. Secondly, he paid $11,250.00 in survey fees to Mr. Tennyson Gajadhar, Licensed Land Surveyor to conduct a survey of the said land and to cause a plan to be drawn subdividing the same so as to facilitate...