PHILIPSBURG–The Court of First Instance has come to the conclusion that the Cadastre and Country St. Maarten have been at fault in providing a notary with wrongful information concerning the purchase by Fralexia Ltd. in Anguilla of real estate at the former Caravanserai Beach Resort from former owner Kildare Property Ltd.
The case is similar to the case involving NHKK Enterprises Ltd. about which The Daily Herald reported on its front page of Wednesday, November 4.
In that case the Anguilla-based owner was awarded damages to the tune of US $130,250 in connection with the purchase of another property at Caravanserai. The Court rendered the transfer of property illegal as it was not “free and unencumbered” as required by law, but was mortgaged and issued on long lease.
The Court held Country St. Maarten, the Cadastre and notary Francis Gijsbertha all responsible for the error and awarded damages to NHKK.
Also in the case involving Fralexia $1,050,000 and $42,000 were awarded for damages caused by Country St. Maarten and the Cadastre, the Court stated in Monday’s judgment in the case against the Country, Cadastre and Notary Gijsbertha and his office.
Fralexia purchased Bliss restaurant and nightclub and Dragon Gate Chinese restaurant against payment of $1,050,000 and Sunset Beach Bar and Grill for $700,000 on June 28, 2010. However, Scotiabank had obtained mortgages on parcels of the so-called mother-property in 2007, 2008 and 2009.
“Fralexia purchased real estate from Kildare Property Ltd. when the notary transferred the property upon investigation by the Cadastre. The mortgages held by Scotiabank were not registered, which logically led the notary to assume that he could transfer the property to my client.
“In rendering this judgment the Court has come to the conclusion that Cadastre was at fault simply by giving the notary wrongful information which led to substantial damages to my client, the purchaser of the land concerned. The entire purchase and transfer sums have to be reimbursed by both Country St. Maarten and Cadastre to client,” attorney-at-law Vivian Choennie of Fox and Associates Attorneys stated.
Source: The Daily Herald Cadastre, Country St. Maarten also at fault in the Fralexia case