Ryan v The Attorney General

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Redhead, J.
• Judgment Date: 28 July 1993
• Neutral Citation: MS 1993 HC 9
• Docket Number: No. 65 of 1991
• Date: 28 July 1993

High Court

Redhead, J.

No. 65 of 1991

Ryan

and

Tthe Attorney General

Tort - Trespass to goods — Damage to block making machine and other equipment — Quantum.

Landlord and Tenant - Plaintiff brought block making machine plant from a company — Company has negotiated with government for lease of parcel of land to carry on business — Lease never executed — Plaintiff given assurance by company directors that he could occupy area — Plaintiff began operations — Defendant needed parcel of land — Directors of company notified — Defendant's servant/agents removed plaintiff's equipment, damaging it in the process — Whether company had tenancy at will — Whether company's interests assigned to plaintiff — Whether plaintiff has licence to be on defendant's land.

1 JUDGMENT OF THE COURT: The plaintiff is a retired Civil Servant. In or about the year 1988 when he was about to retire, the plaintiff purchased a block-making plant, which was owned by a company called Flint Blocks Ltd.

2 Flint Blocks Ltd. began its operation sometime in 1986. There were only three shareholders of the company. John Osborne, former Chief Minister of Montserrat, St. Clair Jeffers ex Director of Public Works and Junior Barzey a retired Public Works Engineer. The company was incorporated on 27th August, 1986.

3 Executive Council passed a resolution on 11th November, 1986 whereby it was agreed that the Government would lease to Flint Blocks Ltd. a parcel of land north of Public Works Department, on Lovers Dane, for three years. Executive Council decision on the matter is embodied in a memorandum (Exhibit J.O.1) and is in the following terms:–

“IN THE EXECUTIVE COUNCIL ON 11TH NOVEMBER, 1966

MEMORANDUM NO 86/199: Minister for Communications and Works - Lease of Public Works Department Stabit Casting Area, Dagenham

Council agreed to the lease of a portion of the Public Works Department stabit casting area to Flint Blocks Limited, subject to the following conditions:–

• (a) An annual rental of $1.000 payable in advance, to be reviewed after three years;

• (b) In the event that Public Works Department requires the area for casting stabits, Flint Blocks will move their equipment within one month of receipt of notice to move;

• (c) The lease shall be for a period of three years, in the first instance;

• (d) The lease may be terminated by either party giving three months written notice.

• The Governor concurs and directs accordingly

Sgd. C. P. Ryan

Clerk of the Council.”

4 The lease was never executed, although Miss Florence Daley, the Permanent Secretary in the Ministry of Communications and Works, says in evidence that she found a copy of a lease on the file dealing with Flint Blocks Ltd. The company never paid any rent neither was any demanded. The plaintiff took over the operations of the company sometime in 1988/89.

5 The plaintiff testified that:–

“having purchased the block-making plant, I was given an assurance by Mr. John Jeffers that the area on which placed was under lease and that Osborne and the machine was I would be able to occupy the area for at least three years”.

6 Although nothing turns on this, but I make the observation that if in fact John Osborne and St. Clair Jeffers did make that representation to the plaintiff, it was a misrepresentation notwithstanding that the lease was not executed the company was in occupation at least two years when the plaintiff took over the company. However, it would seem from the evidence that he did not take over the company as result of the representation, because he said, “having purchased the block-making plant…”

7 The plaintiff began operations making blocks. He said his block-making operation was successful. He employed about five men. He said he made a profit of, an average of $3,500 per month. He continued operations until about 9th September 1989, when he closed down operations, because he went to Jamaica on an assignment.

8 Hurricane Hugo struck Montserrat on 16th, 17th September, 1989. Although. he had returned from Jamaica shortly thereafter, he was unable to commence his block-making operation, because there was widespread disruption and the electricity which he needed to power the machine was not available.

9 The defendant said that the area where the plaintiff was making his blocks was needed by Public Works Department for the storage of its heavy equipment vehicle. As a result, Florence Daley, the Permanent Secretary, Ministry of Communications and Works, wrote to Flint Blocks Ltd. on 5th January, 1990.

10 By that date Flint Blocks Ltd: was no longer in existence, it having being struck off the Register of Companies 12th January, 1989. The letter was addressed to St. Clair Jeffers and according to the testimony of Florence Daley, she sent a copy of the letter to John Osborne and Junior Barzey. The letter states as follows:–

“5th January, 1990

Flint Blocks Ltd.

c/o Mr. St. Clair Jeffers

Amersham

Montserrat.

Dear Sirs

Lease of PWD Stabit Casting Area

I refer to an Executive Council decision of 11th November, 1986 on the lease of a portion of the PWD stabit casting area to Flint Blocks for a period of three years.

The lease was never formalized and the three years expired in November 1989.

It is urgent that we repossess the area under reference to accommodate our overflowing yard space.

Grateful, therefore, if you move your equipment by the end of January, 1990 so that we can occupy the area.

Yours sincerely

Florence Daley (Miss)

Permanent Secretary

c.c. Mr. Junior Barzey

Hon. J.A. Osborne”

11 St. Clair Jeffers testified that having received the letter, he informed Public Works Department that “we” had given over the premises to the plaintiff but will get in touch with him to notify him as to what the position is.

12 The plaintiff said in evidence:–

13 About the middle of January, 1990 I had. occasion to speak to Miss Florence Daley, Permanent Secretary in the Ministry of Public Works. Miss Daley said to me “Mr Ryan, I have some bad news for you.” I said what bad news you have for me. She said to me: The place on which you are making the blocks is required. I quickly replied by saying to her, “but Miss Daley, how can you take it at this time, before I was finished. She said to me “never mind, I will write to you. I then spoke to J. Osborne.

14 Having spoken to Mr. Osborne, I felt disappointed. The plaintiff later returned to the site and saw that his block-making equipment, blocks, sand and other materials which he had on site, were being cleared away by the defendant's agents. He alleges that as a result of the action of the defendant, his machine was damaged and materials destroyed.

15 As a result his Solicitor wrote a letter dated 14th March, 1986 claiming damages in the sum of $36,370.00 for the damage to his block-making machine and destruction of materials and blocks which he claims he had on site.

16 The Permanent Secretary replied by letter dated 12th April, 1991 rejected the plaintiff's claim and denied any suggestion that any of the machine or materials was damaged or destroyed.

17 The plaintiff on 30th May, 1991 filed a writ of Summons with statement of claim endorsed. The plaintiff pleads as follows:–

1

The plaintiff is and was at all material times the owner and entitled to possession of a block-making operation at Lovers Lane, Plymouth, Montserrat. 2. On or about the first: week in February, 1990 the defendant acting through his agent. Miss Florence Daley, Permanent Secretary in the Ministry of Communications and Works, cleared a site owned by the Government of Montserrat. 3. As a result of the clearing of the said site, machinery equipment and materials owned by the plaintiff was damaged or destroyed. 4. By reason of the premises, the plaintiff has been and is wrongfully deprived of his equipment, machinery and materials and prevented from carrying on his business as a block maker and deprived of the profits which he would otherwise have made and has thereby suffered loss and damages.

PARTICULARS

Estimated cost of repairing machinery and equipment	$15,000.00
One (1) heavy duty cable	6,000.00
3,000 8” blocks @ $1.75	5,250.00
3,500 6” blocks @ $1.40	4,900.00
2,600 4” blocks @ $1.15	2,990.00
16 yards of aggregate 3/8” @ $80.00	1,280.00
Transport of aggregate	200.00
Two (2) loads of ghaut sand @ $200.00 per load	400.00
Two (2) loads of crusher dust including transport	400.00

18 Profits of $3,500 per month and continuing. The defendant by its defence pleads as follows:–

• 2. The defendant specifically denies that the plaintiff was the owner of or entitled to possession of a black making operation or any other kind of operation situated at Lovers Lane, Plymouth, Montserrat or anywhere else.

• 3. The Executive Council by decision dated 11th November, 1986 referable to Ex Co Memo No. 86/199 agreed to the least of a portion of Public Works Department stabit casting area to “Flint Blocks Limited, a company registered in Montserrat.

• 4. Notwithstanding the aforementioned Ex. Co. Decision, no lease was ever. granted by the Government to Flint Blocks Ltd. or to any other company or person. The plaintiff therefore never acquired any legal or equitable right to occupy any area of land owned or occupied by the Crown Flint Blocks Ltd. entered into occupation of an area of land belonging to the Crown at Lovers Lane adjacent to the Public Works compound.

• 5. Flint Blocks Ltd. was incorporated on 27th day of August, 1986. The company was struck off (sic) Register on the 12th day of January, 1989. The Shareholders of the company were St. Clair Jeffers and Mr. J.S. Barzey.

• 6. By letter dated 5th January, 1990, the Permanent Secretary, Communications and Works, wrote to Flint Blocks Ltd. giving that company notice of the Crown's intention to repossess the area occupied by Flint Blocks Ltd. at Lovers Lane. The plaintiff was...