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
- 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
- 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.
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.
- Deonarine Nerav Maloo
- Dularchand Maloo
- Sumatie Jhagroosingh
Lord Kerr, Lord Carnwath, Lord Briggs, Lady Arden, Lord Kitchin
Hearing start date
05 Mar 2019
Hearing finish date
05 Mar 2019