Davis v Claxton

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 15 September 1972
• Neutral Citation: KN 1972 HC 15
• Docket Number: No. 59 of 1971
• Date: 15 September 1972

High Court

Glasgow J.

No. 59 of 1971

Davis

and

Claxton

E.E. Walwyn for plaintiff.

S. Daniel for defendant.

Contract - Sale of land — Undue delay in obtaining Memorandum of Transfer.

Facts: The plaintiff sought to recover $2,200.00 being a debt alleged to be due to the plaintiff from the defendant as money received by the defendant from the plaintiff on a contract for a sale of two and a half acres of land which contract was rescinded due to the defendant's default and a failure of consideration.

Held: Finding that the plaintiff was complaining about the delay he had been experiencing and not about the defendant's inability or failure to show the land in question. That although there was an unreasonable delay in obtaining the necessary memorandum of transfer for the plaintiff, the defendant was not to blame, so that the plaintiff failed to prove his case against the defendant. Action dismissed.

Glasgow, J.

1 The plaintiff's claim against the defendant is for the recovery of the sum of $2,200.00 United States Currency or its equivalent in East Caribbean Currency being a debt alleged to be due from the defendant to the plaintiff as money received by the defendant from the plaintiff on a contract for the sale of 2 ¹/₂ acres of land at Shaws Estate, Nevis, which contract according to the plaintiff, is rescinded due to default on the part of the defendant, and a total failure of consideration. The plaintiff also claims $2,000.00 United States Currency or its equivalent in East Caribbean Currency as damages, and interest at the rate of 5% per annum on $2,200.00 U.S. Currency from the 26 ^th February 1966 to the 16 ^th November 1971, the date of the Writ.

2 In his Statement of Defence the defendant admitted paragraph 1 of the Statement of Claim. As to paragraph 2 of the Statement of Claim the defendant admitted that he received the sum of $2,200.00 United States Currency from the plaintiff as part payment of the purchase money, and that the remainder of $800.00 U.S. Currency was payable when the defendant executes the Memorandum of Transfer to the plaintiff. The defendant stated that he remains willing and able to complete the sale of 22 acres of land to the plaintiff. The defendant denied the alleged breach of contract and the other allegations contained in the Statement of Claim.

3 By letters and receipts dated 11 ^th May, 1965, 7 ^th June 1965, 2 ^nd October, 1965, it was agreed between the plaintiff and the defendant that the defendant should sell to the plaintiff and the plaintiff should purchase from the defendant 2 ¹/₂ acres of land situate in the Parish of Saint Junes in the Island of Nevis, being part of Shaws Estate, for the sum of $3000.00 United States Currency, i.e. at a price of $1,200.00 per acre. In pursuance of the said agreement the plaintiff paid to the defendant $2,200.00 U.S. Currency. This sum was paid to the defendant during the years 1965 to 1968. The remainder of the purchase money was payable when the defendant executes the necessary...