Supreme Court rules against former owner in St Elizabeth property dispute

The Supreme Court has ruled against a former owner who was seeking to get back a property in Santa Cruz, St Elizabeth on allegations that it was sold below its value.

An injunction that allowed Everol Orr to remain on the property was also discharged by Justice Dale Staple.

Senior attorney-at-law Anthony Williams, who represented the new owners Kenesha Allen and George Allen, said today that it must be highlighted that “once a mortgagee sells a property in good faith, the court will uphold the sale of the property to a third party.

Orr had filed a suit in the Supreme Court this year naming Ascendancy Caribbean Limited, the mortgagee, and the new owners as defendants.

He claimed that the mortgagee acted in bad faith in the sale of the property. 

Orr alleged that the mortgagee willfully, fraudulently, and recklessly obtained an inaccurate valuation of the property.

 Staple, in handing down his ruling last week, said Orr was desperate and was seeking to claw back the property.

The judge explained that Orr's property was purportedly sold to the Allens and he is asking the court to delay a case brought by the Allens against him in the parish court for him to be evicted from the property.

The judge found that the mortgagee had repeatedly informed Orr that the only way to preserve his home was to pay the entire sum owed plus interest.

The judge ruled that the mortgagee did not act in bad faith because the property was initially advertised for a high sale price of $28 million and much later on, the price was dropped for what it was sold to the Allens.

The Judge pointed out that the sale was being conducted during the very lean and uncertain time of COVID-19.

He said the mortgagee tried at one price, could not get a sale, and so had to lower the price.

There was no pleading on the part of the claimant that the Allens had actual knowledge of any alleged irregularity or impropriety in the exercise of the power of sale, the judge ruled.

Staple struck out Orr's claim and entered judgment in favour of the Allens.

The injunction granted to Orr previously, which allowed him to occupy the property, was discharged.

The counter claim filed by the Allens against Orr for recovery of possession of the property and profit of $65,000 per month from November 23, 2022, to the date of recovery of possession of the property, is set for a case management conference on June 29 in the Supreme Court.

- Barbara Gayle

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