In a landmark ruling, Justice Westmin James of the High Court has delivered a verdict against a couple involved in unauthorized construction works at East Park Villas, a townhouse development located on Maruana Road in Valsayn. The judgment, issued on November 17, prohibits the defendants from further construction or interference with the property or its common areas. Additionally, the court has mandated the removal of any unauthorized structures, restoration of the affected land, and clearance of all rubble and materials at the defendants’ expense.
The case was brought forward by East Park Villas Ltd and Charlievillage Service Station Company Ltd, who accused the defendants of breaching restrictive covenants outlined in the head lease. The claimants argued that the defendants had commenced construction without obtaining the necessary permissions from the lessor, the management company, or the Town and Country Planning Division. The unauthorized works, which began in September 2024, included the demolition of an existing annex and the initiation of new construction that extended beyond the original footprint, impacting adjacent properties.
Despite the defendants’ claims that the construction was remedial and aimed at addressing safety concerns, the court found their actions to be in violation of the lease and disruptive to the community. The defendants were also ordered to restore common areas and pathways within three months, with the claimants authorized to undertake the work and recover costs if the defendants fail to comply. Furthermore, the couple was ordered to pay nominal damages of $10,000 to East Park Villas Ltd and cover the claimants’ legal costs, assessed at $14,000 each.
The defendants, represented by attorneys Kent Samlal, Shirvan Ramdhanie, and Nadia Hassan-Mohammed, had argued that the works fell under an exception in the Town and Country Planning Act, being interior or non-material alterations. However, the court dismissed their counterclaim, emphasizing the importance of adhering to lease agreements and community standards.