Teresa De Silva (Respondent) v Dindial's Hardware Limited (Appellant) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0119

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Dindial's Hardware Limited

Respondent(s)

Teresa De Silva

Issue

Was the appellant entitled to terminate the contract for the sale of a parcel of land without making time of the essence?

Facts

On 12th October 2016, the respondent entered into a contract to purchase a parcel of land from Mr Abdul Latif-Kazim. Mr Latif-Kazim entered this contract in his capacity as the executor and beneficiary of the estate of Mr Ebrahim Kazim. Mr Latif-Kazim was unable to convey title to the land to the respondent at this time as he had not obtained probate of the estate. On 10th November 2016, the respondent agreed to sell this parcel of land to the appellant. The appellant paid the respondent TTD$1.3 million (one tenth of the purchase price) as a deposit. The completion date was set for 28th February 2017. At the time of entering this contract, the respondent had not acquired title to the land from Mr Latif-Kazim. The transaction was not completed on the completion date. The respondent still had not acquired title to the land as probate of the estate of Mr Ebrahim Kazim remained outstanding. On 4th March 2017, the appellant purported to terminate its contract with the respondent and demanded the return of the deposit. The respondent asserted that this was a wrongful repudiation of the contract and that, as a result, she was entitled to retain the deposit. On 28th December 2017, the appellant brought a claim against the appellant for the return of the deposit. The High Court of Justice of Trinidad and Tobago found for the appellant. The Court of Appeal of Trinidad and Tobago overturned the decision of the High Court. The appellant now appeals to the Judicial Committee of the Privy Council.

Date of issue

26 November 2025

Case origin

Appeal As of Right

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