Hilary Bowman of Richland Park v Eudenia Arrindell also known as Shirley Eudenia Arrindell of Arnos Vale

• Jurisdiction: St Vincent and the Grenadines
• Court: High Court (Saint Vincent)
• Judge: ‘Henry, J.’
• Judgment Date: 02 May 2019
• Judgment citation (vLex): [2019] ECSC J0502-2
• Docket Number: SVGHCV2016/0029
• Date: 02 May 2019

[2019] ECSC J0502-2

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

SVGHCV2016/0029

Between

Hilary Bowman of Richland Park

Claimant

and

Eudenia Arrindell also known as Shirley Eudenia Arrindell of Arnos Vale

Defendant

Appearances:

Mr. Parnel R. Campbell Q.C. with him Mrs. Cheryl Bailey and Ms. Mandela Campbell for the claimant.

Ms. Paula David for the defendant.

BACKGROUND

‘Henry, J.’

1 This case involves a disagreement between neighbours over an alleged agreement for exchange of property at Arnos Vale, Saint Vincent and the Grenadines for one at Cane Hall. Dr. Hilary Bowman is the Director of Education for Seventh Day Adventist Schools in the Caribbean. He claimed that for over 20 years he owned property at Arnos Vale comprising about an acre, which borders land that was registered in Ms. Eudenia Arrindell's name (the disputed property). A house is erected on her land. It was previously owned by her late mother Veronica Arrindell. Dr. Bowman alleged that in the late 1990s he held discussions with Veronica Arrindell regarding the possibility of acquiring the disputed property from her in exchange for another property elsewhere which had not yet been identified. It appears that she passed away without any firm agreement between her and Dr. Bowman.

2 Dr. Bowman asserted that he had similar discussions with Ms. Arrindell in or about March 2014. He alleged that Eudenia Arrindell proposed another property in Arnos Vale but he did not follow through with acquiring it for her, because of the substantial asking price. He asserted that he and Ms. Arrindell finally arrived at an agreement whereby he undertook to purchase a house for her at Cane Hall and to pay her the sum of $40,000.00, in exchange for her transferring the disputed property to him. He averred that they entered into a formal contract to this effect. He claimed that he paid her $20,000.00 as the first of two installments towards the $40,000.00.

3 Dr. Bowman pleaded that in breach of the contract, Ms. Arrindell refused to turn over the keys to the disputed property and to accept the final sum of $20,000.00. He brought this action seeking an order for specific performance of the contract; damages for breach of contract; alternatively an injunction to compel Ms. Arrindell to deliver the disputed property to him and costs.

4 Ms. Arrindell has resisted the claim. She testified that she was previously employed as a caretaker for an elderly lady. She was unemployed at the time of trial. She claimed that sometime before Christmas in 2015, Dr. Bowman told her that he would give her ‘plenty “tousan” dollars and another house to live in if she would sign the house to him.’ She pleaded that she agreed to sign a paper and went with Dr. Bowman to an office where she and he signed some papers. She alleged further that Christmas came and she received ‘neither money, cash or (sic) the promised house.’ She pleaded that she sought advice from her guardian J. Verol Soleyn who carried her to the house of one Ricky Burnett and subsequently to the offices of Fredericks Attorneys.

5 Ms. Arrindell claimed that by reason of her mental condition, she was not capable of understanding and did not understand Dr. Bowman, his witnesses and their exhibits. At the trial, she did not pursue the assertion that she was suffering from a diminished mental condition by reason of some physical, psychological or psychiatric impediment. Ms. Arrindell averred that Dr. Bowman secured her signature to ‘an unsigned, undated, legally un-specifiable paper-writing labeled by him as a “substitute” for an invalid paper writing bearing’ her signature. She denied receiving any “cash” “money” or money's worth from Dr. Bowman.

ISSUE

6 The issues are:

1. Whether Ms. Eudenia Arrindell entered into a legally binding agreement with Dr. Hilary Bowman to exchange her residence at Arnos Vale for a residence at Cane Hall?

2. If so, whether Eudenia Arrindell breached the contract?

3. To what remedies, if any, is Mr. Bowman entitled?

ANALYSIS

Issue 1 – Did Eudenia Arrindell enter into a legally binding agreement with Hilary Bowman to exchange her residence at Arnos Vale for a residence at Cane Hall?

7 Dr. Bowman has been an educator for over 28 years, earned a PhD. in School Administration and Policy and holds a Master degree in Curriculum Instruction and a Bachelor's degree in Education and History. He testified that his property in Arnos Vale is vacant land which is not used for any commercial purposes, grazing animals or cultivation. He indicated that at present he is not looking at developing it commercially and did not know what would be his intentions for its use in the long term.

8 He accepted that the disputed lot and his are in excellent locations for commercial development. He opined that there has been a decline in the transformation of that area from residential to commercial within the past 5 to 6 years. He noted that there is a supermarket, two hardware stores and a doctor's office in the vicinity both of which have been there for the past 10 years or so. He did not agree that land in that neighbourhood is the most valuable in all of Arnos Vale.

9 Dr. Bowman recalled that around March 2014 after Veronica Arrindell's death, Ms. Eudenia Arrindell re-opened discussions with him and expressed the desire that he should acquire a property and exchange it with her for the disputed property. He explained that the disputed property consists of a one-storey building with two bedrooms and one bathroom. He claimed that Ms. Arrindell told him that she wanted a house with at least four bedrooms in exchange for her property.

10 Dr. Bowman stated that he contacted real estate broker Dannol Charles. He recalled that Mr. Charles and Ms. Arrindell's son Kendall Arrindell and her architect Dwayne Charles all collaborated in searching for an appropriate property to be acquired by him in exchange for the disputed property. He indicated that one was located in Arnos Vale; and he and Ms. Arrindell had executed a sales agreement in respect of that property. However, when he inquired about purchasing it, he learnt that it had been sold.

11 Dr. Bowman said that subsequently the parties identified a suitable property at Cane Hall comprising 4,396 square feet, on which was situated a two-storey, five bedroom house. He testified that Ms. Arrindell expressed satisfaction with the Cane Hall property as did her son Kendall Arrindell and her architect Dwayne Charles. Dr. Bowman explained that the original sales agreement was amended; and that he and Ms. Arrindell entered into a formal contract by way of the Amended Sales Agreement which they signed before a Notary Public on 21 ^st October 2015. Dr. Bowman indicated that the Deed of Exchange was prepared by his niece Mrs. Roxann Williams who is a lawyer.

12 He explained that the amended agreement obligated him to purchase the Cane Hall property, and then to exchange it with Ms. Arrindell for the disputed property. He added that it also provided that he would pay Ms. Arrindell the amount of $40,000.00. He stated that when they met at Mrs. Williams' office, Ms. Arrindell twice declined Mrs. Williams' invitation to retain her own lawyer. He recalled that Mr. Dwayne Charles was present at the time.

13 Dr. Bowman stated that in pursuance of that agreement, he purchased the Cane Hall property from Liston Phillips also known as Leston Phillips. He explained that he purchased it with the intention of exchanging it for Ms. Arrindell's property. He produced a copy of Deed Number 253 of 2016 which evidenced the purchase at a price of $355,000.00. Dr. Bowman averred further that he transferred the Cane Hall property to Ms. Arrindell and she simultaneously transferred the disputed property to him by Deed of Exchange Number 256 of 2016, dated the 1 ^st day of February 2016. A copy of that deed was produced. It reflects that it was signed by Dr. Bowman and Ms. Arrindell. It was registered on 3 ^rd February 2016.

14 He recounted that Mrs. Williams read over and explained the nature and contents of the Deed of Exchange to Ms. Arrindell, Mr. Charles and him before it was signed. He signed the Deed at Mrs. Williams' office in the presence of her Secretary Ms. Shelly Ann Wright. He recalled that Mrs. Williams arrange for her clerk to accompany Ms. Arrindell to the Registry to sign the Deed in the Deputy Registrar's presence. Dr. Bowman acknowledged that Mrs. Williams did not bill him for the legal services she provided for consultation or preparation of the Deed of Exchange.

15 Mrs. Williams was one of Dr. Bowman's witnesses. She recalled that he contacted her to act on his behalf to purchase a property situate at Arnos Vale from Ms. Arrindell where she was living with some of her children. She stated that they had already executed an Agreement. Mrs. Williams remembered that they both visited her chambers on or about 20 ^th day of November 2015 with Dwayne Charles.

16 She said that she asked Ms. Arrindell whether she had a lawyer regarding the transaction, to which she replied ‘no, she did not want to pay for a lawyer’. Mrs. Williams recalled that Ms. Arrindell told her that she and Mr. Bowman had already agreed what would happen and had decided on the property he would buy for her to move into. Mrs. Williams said that she advised Ms. Arrindell that she had the right to seek independent legal advice at any time, but she again said that was not necessary.

17 She testified that she explained to Ms. Arrindell that Mr. Bowman would purchase the other property she wanted to move into and once that purchase was completed and the Deed registered, a Deed of Exchange would be registered whereby the Arnos Vale property she was presently living in would be exchanged with the one Mr. Bowman had purchased. She indicated that also informed her that she would become the owner of the new property and Mr. Bowman would then become...