Case details

Singh (Appellant) v Rainbow Court Townhouses Ltd (Respondent) (Trinidad & Tobago)

Case ID: JCPC 2016/0100

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

Case summary

Issue(s)

Whether

  1. the respondent had standing to bring the original clam;
  2. the case was appropriate for summary determination;
  3. the appellant had the defence of acquiescence or waiver;
  4. and whether the defence identified other grounds for refusing the mandatory injunctions sought.
Facts

The appellant is a leaseholder of a property in a development known as Rainbow Court. The respondent is a management company, appointed by the lessor to fulfil its duties under the leases of the houses in Rainbow Court. In November 2014, the appellant carried out works on the Property without prior written approval from the lessor, as was required by the lease. The respondent sought mandatory injunctions requiring the appellant to undo the alterations. The appellant admitted making the alterations, but alleged that the lessor had known about and not objected to earlier works, and that the respondent had acquiesced to the more recent works. The judge rejected the appellant’s defence and granted summary judgment in favour of the respondent. The appellant appealed to the Court of Appeal, adding a further ground that the respondent was not a party to the lease and therefore had no standing to bring the claim. The Court of Appeal held that the respondent did have standing and dismissed the appeal.

Parties

Appellant(s)

Shirlann Sacha Singh

Respondent(s)

Rainbow Court Townhouses Limited (Respondent)

Appeal

Justices

Lord Reed, Lord Kerr, Lord Carnwath, Lord Hughes, Lady Black

Hearing start date

12 Jun 2018

Hearing finish date

12 Jun 2018

Watch hearing
12 Jun 2018 Morning session Afternoon session