Case details

Maloo and others (Appellants) v Somar (Respondent) (Trinidad & Tobago)

Case ID: JCPC 2016/0071

Jurisdiction: The Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue(s)
  1. Whether an agreement for the sale of land contains an implied term that the vendor is required to obtain planning permission for the excision of the land being sold from a larger parcel of land; and
  2. if the purchaser applies for the relevant planning permission whether such a term is still implied or, if it is implied, it is waived by the purchaser’s actions.
Facts

In January 2009 the First Appellant and Respondent entered into a written agreement for sale of a property comprising of eight lots of a larger parcel of land. Planning permission was required to excise the property from the larger parcel of land before it could be transferred to the Respondent. The Respondent made two applications for such planning permission which were refused. In the meantime, the First Appellant had transferred the larger parcel of land to his sister, the Third Appellant. The Respondent issued a claim for breach of contract seeking repayment of the purchase price and damages or specific performance. The High Court held that whilst the written agreement is silent on the issue of who should obtain planning permission, it is an implied term that it is the vendor’s responsibility. The First Appellant was therefore in breach of contract. The Respondent was awarded damages in equity in lieu of specific performance. The Court of Appeal dismissed the appeal against the High Court’s decision.

Parties

Appellant(s)
  1. Deonarine Nerav Maloo
  2. Dularchand Maloo
  3. Sumatie Jhagroosingh
Respondent(s)

Anthony Somar

Appeal

Justices

Lord Kerr, Lord Carnwath, Lord Briggs, Lady Arden, Lord Kitchin

Hearing start date

05 Mar 2019

Hearing finish date

05 Mar 2019

Judgment promulgation date

25 Mar 2019

Watch hearing
05 Mar 2019 Morning session