The New Today

Commentary

“It cannot be found” Island Hill, Ballast Ground and the Lagoon a.k.a. Port Louis Development

When the lawyer for the couple who invested in Peter De Savary’s Mt.Cinnamon announced that the record of registration re company with which transactions had been done re certain Peter DeSavary properties – Purchaser of Mt Cinnamon cannot be found as registered – that triggered “déjà vu”. This matter was brought to the attention of we the people since June through an article in The New Today. But we the people were distracted by COVID-19.

This matter of registration of the company raised its head again last week when the lawyer held a virtual press conference. However, this time there was a public response – Public records refute lawyer’s claim about new owners of Mt. Cinnamon. A photo of the registration certificate was featured and according the news story, the Incorporator was James A.L. Bristol, former Attorney-General.

Even more dramatically, an apology was issued by the Corporate Affairs and Intellectual Property Office – CAIPO apologises for misinformation. While a photo of the registration document has been made public, and the issued apology blames “human error”, it does NOT state definitely that the document/file was located.

However, happily it would seem that matter is now resolved.

The press conferences have reminded we the people that WE have lots of UNANSWERED questions in respect of the transactions which conveyed the people property to Peter DeSavary’s Port Louis for EC$1.00. We are still searching for answers in respect of the (in)famous Original Deed of Release of 5 October 2006 which facilitated the transfer but is NOT recorded in the Deeds and Lands Registry because IT COULD NOT BE FOUND. Instead there is a Deed of Release of 17 December 2007.

Original Deed of Release of 5 October, 2006:
It was deceased attorney, Lloyd Noel who drew the attention of we the people to somewhat unusual dealings regarding the transfer of  the people’s property to Peter De Savary. Mr. Noel’s article made  reference to two documents dated October 5th, 2006 – a deed of release and an indenture of conveyance.

  • Deed of Release, 5 October 2006: The document was made by solicitors in London.  It was executed/signed by Minister Boatswain on behalf of the Government of Grenada.
  • Indenture of Conveyance recorded as Liber 40 – 2006, page 749:  An Indenture of Conveyance conveyed certain properties to Peter DeSavary’s Port Louis for the sum of EC$1.00.

Deed of Release of 17 December, 2007  No. 419/2008:
When Citizens in Defence of Grenada’s Lands and Heritage was doing its own research in respect of the transactions, it was taken aback to find there is Deed of Release of 17 December, 2007, NO. 419/2008,  registered on January 22nd, 2008, Liber 4-2008, page 83. According to this document:-

  • It is NOT THE ORIGINAL Deed of Release.  It states that the original indenture made between the parties on October 5th, 2006 referred to as the Principal Release, CANNOT BE FOUND. 
  • Thus the indenture of 17th, December, 2007 was made TO PERMIT RECORDING and was also effective as of the 5th day of October, 2006. The document was prepared by Wilkinson, Wilkinson and Wilkinson
  • The agreement was signed and sealed by the Minister of Finance, Keith Mitchell,  for and on behalf of the Government of Grenada,

Deed of Rectification of 17th December 2007:
There is also a Deed of Rectification also dated 17th December 2007, 420/2008, Liber 4 – 2008, page 91  – Government of Grenada to Port Louis Land Limited  – recorded in the Deeds and Lands Registry on the 22nd of January 2008. According to information in this document:-

  • Supplemental to Indenture of Conveyance of  5th October, 2006:  The Deed of Rectification is supplemental to the Deed of Indenture dated 5th October, 2006 whereby for the consideration stated therein the Vendor purported to convey to the purchaser certain property described as property situate at Ballast Ground…”
  • Did Not Correctly and Sufficiently Delineate and Describe Property:  The property was described by reference to a Plan marked PL1 annexed to the conveyance but this plan DID NOT CORRECTLY AND SUFFICIENTLY DELINEATE AND DESCRIBE THE PROPERTY PURPORTED TO BE CONVEYED.
  • Omission in Principal Conveyance: There was an omission in the principal conveyance– it did not identify that certain parcels of land comprised in the property were subject to leases granted by the Vendor prior to the date of the Principal Conveyance. These should have been excepted from the conveyance to the Purchaser. 

We the people need to renew our vigilance in respect the announced transactions re Port Louis, Mt. Cinnamon and the Egyptian billionaire, Sawaris.

Sandra Ferguson

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