IN THE SUPREME COURT OF BELIZE A.D. 2001

Action No. 87 of 2000

 

Between	(BYRON WARREN	PLAINTIFF
	( ( ( And ( (
	(AUGUST TABONY	DEFENDANT

D. Courtenay for the Plaintiff

J U D G M E N T

AWICH J:

When this case came up for trial yesterday, the defendant, Mr. August Tabony, was not in attendance. Learned counsel Mrs. D. Courtenay, for the plaintiff, proved by affidavit of service that the defendant had been served and was aware of today's date of trial. The service was substituted service by registered mail to a given address as per court order dated 5.4.2001. Mrs. Courtenay went even further to prove that on 13.4.2001 the defendant was, in addition, served personally. I decided that the case would proceed notwithstanding the non-attendance of the defendant.

The plaintiff testified that: He and the defendant entered a contract on 21.5.2000 by which the defendant sold to the plaintiff a certain Unit A 1 if condominiums at the Villas, Banyan Bay, in the town of San Pedro, Belize. The price was US $215,000, of which a deposit of $20,000 was payable on signing the agreement, followed by the payment of the balance, US $195,000, upon delivery of possession. The plaintiff paid the deposit and even the balance so that the Unit would be freed of certain encumbrances to enable transfer to the plaintiff. The defendant failed to deliver possession. The plaintiff then cancelled the contract and despite some resistance by the defendant at first, the plaintiff has received back the sums he paid as purchase price. The plaintiff's testimony of course stood unchallenged. I accept it as proof of the contract and events that followed.

The plaintiff's claim in this case is for damages (compensation) arising from losses the result of non-performance by the defendant of the contract. The losses arose from the plaintiff giving notice to his landlord of the plaintiff's intention to quit his residence then, hire of people to pack his belonging and move to the expected condominium and unpacking when the plaintiff failed to move, attorneys fees for services in the failed transaction, travel expenses connected with the failed transaction, and lost business of "a close friend," Miss Nicholson who was expected to live in the unit of condominiums with the plaintiff. Miss Nicholson cancelled her business commitment in anticipation of having to move to the Unit.

I consider the items of losses, except the one in respect of Miss Nicholson, not remote. The losses are contemplatable losses in the event of the breach of the contract - see Hadley v Boxendale [1854] 9 Exch. 341 and Koufos v Czarnikow Ltd [1969] AC 350. I grant compensation sums proved in respect of them. The loss to Miss Nicholson was not a contemplatable loss arising from the breach of the contract between the plaintiff and the defendant. The total sum awarded as damages to the plaintiff is USA $4,138.58. The plaintiff is also awarded the costs of this case, to be taxed if not agreed.

Delivered this Wednesday the 18th day of April, 2001.

At the Supreme Court, Belize City, Belize

Sam Lungole Awich
Judge