THE contention between The Landings Resort and Sandals represented in court by Two Seas Holdings Limited will come up for case management today.
The latest dispute between the two arose in mid-2018 when The Landings filed a claim against Two Seas Holdings Limited in respect of land registered as Block No. 1257B Parcel No. 182 seeking an injunction requiring Two Seas Holdings Limited to remove that part of its concrete and other structures built on the land that The Landings claimed it is entitled to. The Landings sought damages in court for trespassing, possession of the land and costs.
Two Seas Holdings Limited claimed that the Pigeon Island Development Company and not The Landings is the registered title owner to the land and is therefore the appropriate party to enforce ownership and possession rights.
Two Seas Holdings also claimed that The Landings is not empowered by the Condominium Development Act to enforce property rights in relation to Cap 5.05 of the Revised Laws of St. Lucia and that the disputed piece of land was removed from the Condominium Development and intended for public use by Cabinet Conclusions Nos. 176 of 2005 and 335 of 2014.
Two Seas Holdings Limited further claimed that by The Landings’ conduct it treated the disputed piece of land as excluded from property under its management and has failed to exercise dominion over the disputed property for in excess of ten years.
Two Seas Holdings Limited filed a defence on 17th July 2018 in which it denied that the claimant registered on court documents as “The Landings Proprietors Unit Plan No.2/2007” is entitled to any proprietary or possessory right in or over the disputed property by either the Condominium Act of St. Lucia or Condominium Declaration registered on 2nd July 2007 as Instrument No. D2/2007 under which the claimant was established.
The Landings filed a reply to Two Seas Holdings Limited’s defence on 2nd August 2018. Case management directions were given on 16th July 2018 and the trial of the claim was set for 27th September 2018.
On 21st September 2018 the Two Seas Holdings Limited filed an application in the matter seeking an order that the Pigeon Island Development be substituted as claimant or joined as a party to the proceedings either as claimant, co-claimant or defendant; that the case management timetable be varied so as to extend time for compliance with the relevant deadlines and that the trial dates be vacated. In so doing, Two Seas Holdings Limited challenged the standing of the body corporate to maintain the action. It was that application that was the subject of the High Court Judge decision’s which came out just over a week ago.
High Court Judge Kimberly Cenac-Phulgence refused the application to join Pigeon Island Development Company Limited as a party whether as a claimant, co-claimant or defendant.
She further ordered that The Landings “has locus standi to maintain the action in trespass against the defendant (Two Seas Holdings Limited) and that costs on the application will be in the cause. The judge then adjourned the matter for further case management to 7th March 2019 at 9:30 a.m.
Peter Foster QC, Rene St. Rose and Peter Marshall appeared as Counsel for The Landings while Mark Maragh appeared as Counsel for Two Seas Holdings Limited.
Adrian Etienne held a watching brief on behalf of the Development Control Authority. Kurt Thomas held a watching brief on behalf of the Attorney General.