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The Privy Council ruled in favour of a landlord who appealed a decision over his deceased tenant’s daughter’s rights to renew a lease for a parcel of land.

The Privy Council handed down the judgment on Monday, giving Mohan Jogie the green light to sell his land at 100 per cent of its market value.

In 2012, Angela Sealey, the daughter of his deceased land tenant Cynthia Abbott, took him to court.

Abbott had leased the parcel of land at Bhagoutie Trace in San Juan from Jogie’s family.

Court documents said the lease was to last for 30 years and, at any time during the first 30 years, Abbott or her successors could renew once for a further 30 years.

The first period of 30 years of the lease expired on May 31, 2011.

Abbot died on December 21, 2006, without a will and had given no notice to renew the lease before her death.

On January 11, 2011, a few months before the expiry date of the first 30 years, Sealy gave Jogie a renewal notice.

She alleged that before and after May 31, 2011, the landlord attempted to prevent her from entering the land.

On February 1, 2012, she began legal action as the “representative” of her mother’s estate.

At that stage, Sealey had not obtained the grant of administration.

She submitted to the court that she was entitled to buy Jogie’s land at 50 per cent of the market value or not at all if she chose to remain a tenant paying a nominal rent.

She won three times —at the High Court and the Appeal Court on her substantive claim. In addition, she successfully resisted Jogie’s application for permission to appeal to the Privy Council.

A reserved judgment containing three separate decisions from Lord Burrows, Lady Arden, and Lord Leggatt, the Privy Council comprehensively reviewed the law from 1603 to date.

They unanimously upheld the landlord’s appeal reversing the decisions of the High Court and Appeal Court in their entirety.

Court documents said their decision was based on the relation back doctrine that could not validate the daughter’s lease renewal. That would undermine the landlord’s vested proprietary rights, causing unacceptable uncertainty for the landlord.

It was also because the relation could not validate an invalid claim when it commenced.

Attorneys Anand Beharrylal QC, Sian McGibbon and Melissa Ramdial, instructed by Ronald Dowlath, represented Jogie.

Attorneys Keston McQuilkin and Andre Rudder, instructed by Charles Russell Speechlys, represented Sealey.

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1339 mots – 18.08.2022

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Elles étaient sept à concourir pour le titre d’ambassadrice de la ville de Petit-Bourg. Un show organisé par Prestans Event placé sous le signe de l’Amour. Textes et photos : Michèle SILMON KANCEL.

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183 mots – 18.08.2022

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Singer Adana Roberts performs as (from left) Education Secretary Zorisha Hackett, Secretary of Settlement, Public Utilities and Rural Development Ian Pollard and Assistant Secretary of Tourism Megan Morrison dance at Shaw Park Cultural Complex on Wednesday. – David Reid

THA Secretary of Tourism and Culture Tashia Burris said the island must be allowed to stamp its mark on the inaugural Tobago Carnival, scheduled for October 28-30.

Under the theme Ritual, Revelry, Release, a preliminary calendar of events was released on Wednesday at a media launch at the Shaw Park Cultural Complex. The launch featured traditional Carnival characters, models in full Carnival costumes, a Tobago rhythm section and a theatrical presentation by the Tobago Performing Arts Company (TPAC).

Burris, in her address, said the Tobago Carnival is a natural progression from the annual Tobago Heritage Festival.

She said when one looks at the story that has been building throughout this year, there is talk of the beautiful heritage woman, and she becomes more beautiful – pregnant with potential.

“Do we know what that baby looks like – that baby is Carnival 2022, that baby is being born on October 28 to October 30, 2022. As you can see with what TPAC has been able to display to you today – rituals, revelry, release – that is the epitome of what Tobago brings to that Carnival conversation.”

She said she has taken note of all the conversations in the space – “some positive, some not so much, but the reality is this: this conversation has become bigger than just a Carnival, this has segue into a conversation about autonomy.”

Secretary of Tourism and Culture Tashia Burris talks about the October Carnival at Shaw Park Cultural Complex on Wednesday. – David Reid

She said the conversation has morphed into whether or not Tobago should seek permission to be as beautiful as she is and whether the island is truly ready to stand on its own.

“I would tell you this – yes, we are. Yes, we are ready to stand on our own because as you can see, with the talent that you have witnessed, Tobago is ready to stamp its mark on the rest of the world when it comes to carnivals. We’ve heard people talk about the Trini-styled carnivals all over the world and that’s fine, that’s a model that works for persons, but you know what – give Tobago the opportunity to create its own style.”

She added: “Give Tobago the opportunity to present to the world a Bago-style carnival, a carnival where we marry the contemporary and the traditional; a carnival where we allow our creatives to turn what is considered mas upside down on its head; a carnival that allows our cultural groups to showcase their talents on the streets of Scarborough at our parade of the bands.

“Allow us the opportunity to grow this baby, to hold its hand and to help it walk.”

Chairman of the Tobago Carnival Committee Meisha Trim said to understand the island’s history is to understand the why.

“It is time for centring as it were, to affirm our magnetism in the form of a unique Carnival expressions. It is indeed our time to centre ourselves and declare our identifiably Tobago stamp on the global calendar of festival events.”

She said the October carnival festivities would reveal hidden treasures of the cultural soul and reshape the carnival experience.

“It would birth a new experience and a unique tourism product. It is my hope that our efforts would define why Carnival in Tobago is a must-do experience; building return visitor numbers and ensuring a memorable experience. Tobago Carnival must be resonant with hope for future engagements.”

Over 30 private events are also listed from September 25-October 30.

Additionally, the event logo was launched, as well as the website, which has since gone live at www.welcometobago.com.

A masquerader, left, dances with a dame Lorraine at the Tobago Carnival media launch on Wednesday at Shaw Park Cultural Complex. – David Reid

The calendar includes five main events hosted by the Tobago House of Assembly: Pan in the Gayelle (October 28), J’Ouvert, Night Mas, Emerge Carnival Masquerade Gala (October 29), culminating with Parade of the Bands (October 30).

There are also a number of private events.

Tobago Carnival preliminary calendar of events

September 25 – Soaked at Roxborough

October 1 – Dream at the Shaw Park Cultural Complex

October 22 – The Hideout at the Argyle Waterfall

October 23 – Revel on the Harbour Master

October 26 – Waddap Wednesday at Canoe Bay

October 27 – Pink Brunch (venue to be announced)

October 28 – Pan in the Gayelle

October 28 – Floats and Bikinis on the Harbour Master

October 28 – Daylight (venue to be announced)

October 28 – Finesse on board the Embassy.

October 29 – J’Ouvert

October 29 – Night Mas

October 29 – Emerge Carnival Masquerade Gala

October 29 – Mud Festival in Crown Point

October 29 – TUCO Tobago Lime at Tropikist Hotel

October 29 – Soiree (venue to be announced)

October 30 – Parade of the Bands

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