This case concerns the assessment of damages for the unlawful acquisition of land (Parcel 60603/3, Norway and Five Keys, Providenciales) by TCIG.
Hilton Arnold Rigby’s estate, represented by his grandson, alleges that TCIG unlawfully took possession of the Subject Land on 7th December 2011 without following the Land Acquisition Act (LAA) and without compensation. Rigby also contends that an agreed Framework Agreement (FWA) requiring both parties to submit valuation reports was breached by TCIG in 2019. Rigby sought declarations of property rights violation, breach of the FWA, compensation, damages, interest, costs, and other reliefs.
Summons for default judgment was filed when TCIG failed to serve a defence. A consent order was subsequently filed on 5th February 2024, whereby the TCIG admitted liability and agreed to make an interim payment of USD $1 million. During the assessment, expert valuation evidence was presented and arguments were made regarding the concept of highest and best use of the land for valuation purposes.
The Plaintiff’s expert, Peter Roberts, provided valuations of the land at different dates: $3,935,000 (December 2011), $5,700,000 (March 2019), and $6,120,000 (June 2024). Roberts assumed the Subject Land had public access and was the only land suitable for airport-related use. The Defendant’s expert, Edward Childs, applied the restrictions of s.14 LAA, valuing the land lower at $1,620,000 (2011), $1,840,000 (2019), and $2,050,000 (2024).
Held: The total compensation granted to the Plaintiff includes $3,937,500.00 in damages, pre-judgment interest at 5% per annum, post-judgment interest at 6%, and $196,875.00 in vindicatory damages. TCIG was ordered to pay the Plaintiff’s costs, to be taxed on the standard basis if not agreed.
The court commented that the procedures under the LAA were not followed, thus deeming the acquisition unlawful. The court agreed with Roberts’ analysis, finding the highest market value should be used, which was not limited by LAA’s restrictions. The valuation date set was 7th December 2011, with the final value of $3,937,500.00.
The court referenced multiple case laws to support the awarding of compensation beyond market value due to the flagrant breach of procedural fairness and the constitutional rights by TCIG. The Court awarded pre-judgment interest at 5% per annum from the valuation date to the judgment date and post-judgment interest at 6% per annum. Vindicatory damages of $196,875.00 were also awarded.