Water and Sewerage Authority of Trinidad and Tobago (Appellant) v Darwin Azad Sahadath and another (Respondents) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2019/0123

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Water and Sewerage Authority of Trinidad and Tobago

Respondent(s)

Darwin Azad Sahadath and another

Issue

(i) Whether the Appellant was negligent. (ii) Whether the trial judge had sufficient evidence to conclude that the Appellant’s pipeline was the cause of the damage to the Respondents’ home.

Facts

The Respondents own a house located on a downwards slope in Iere Village in Trinidad. The Respondents’ house was significantly damaged between 2012 and 2015 as a result of it sliding down the slope. The house became unfit for occupancy in November 2015. The Appellant is responsible for the development and control of water supply and sewerage facilities in Trinidad and Tobago. Prior to February 2014, a pipeline operated by the Appellant was located underground in proximity to the Respondent’s property. The Respondents brought a claim alleging that the pipeline had been leaking since 2012 leading the soil in the vicinity of their house to become saturated, which in turn caused the house to slide downslope. The High Court found for the Respondents and awarded them $2,218,954 in damages (plus interest). The Appellant appealed, challenging the trial judge’s finding of fact that the cause of the landslide and therefore damage to the Respondent’s house was their leaking pipeline. The Court of Appeal upheld the High Court’s decision. The Court of Appeal granted the Appellant leave to appeal to the Privy Council in July 2019.

Date of issue

20 November 2019

Judgment details

Judgment date

22 December 2022

Neutral citation

[2022] UKPC 56

Judgment links

Appeal

Justices

Lord Lloyd-Jones

Lord Kitchin

Lord Leggatt

Lord Burrows

Lady Rose

Hearing dates

Start date

25 October 2022

End date

25 October 2022

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