Christo Gift and another (Respondents) v Dr Keith Rowley (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0064

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Dr Keith Rowley

Respondent(s)

(1) Christo Gift

(2) Jocelyn Gift

Issue

Under a 1975 agreement, was the Appellant entitled to purchase: (a) a 56.5 acre parcel of land; or (b) a parcel of land of a size yet to be confirmed?

Facts

This appeal concerns the sale of land, known as the Alma Estate, which was owned by Frank Latour (“FL”). In 1975, FL agreed to sell a parcel of land on the Estate to the Appellant for $300 per acre. In 1976, a survey was conducted which identified the parcel as being 56.5 acres. The Appellant alleges that FL was dissatisfied with this survey and requested a re-survey. FL died before any re-survey or conveyance took place. His executrix was his daughter, Marcelle Latour (“ML”). In 1998, ML agreed to sell the remaining lands in the Estate to the Respondents at $5,000 per acre. That agreement excluded the parcel which was to be sold to the Appellant. Though both the Appellant (in 1975) and the Respondents (in 1998) paid deposits, no conveyance was completed for either transaction. In 2009, the Appellant obtained a survey plan which, he alleges, addressed the concerns FL had expressed about the first survey. The second survey fixed the parcel to be sold to the Appellant at 85.6 acres (29.1 acres larger than the first survey). ML sold the 85.6 acres to the Appellant. The Respondents claimed that this sale breached their 1998 agreement. They sought an order for specific performance on the basis of the first survey (i.e. an order requiring ML to sell them the entire Estate, save for the 56.5 acre parcel identified in 1976). In 2017, the trial judge dismissed the Respondents’ claim. In 2023, a majority of the Court of Appeal allowed the Respondents’ appeal against that decision and granted the order for specific performance. The Appellant now appeals to His Majesty in Council.