The Eastern Caribbean Court of Appeal has dismissed an appeal by the Barbuda Council against PLH (Barbuda) Ltd, confirming that the developer is not liable for millions in alleged unpaid rent under long-term land leases.
The dispute centred on whether a US$5 million contribution made by PLH toward Barbuda’s new airport in 2017 should be treated as prepaid rent. The Council argued the funds applied only to a 174-acre lease at Low Bay, but PLH successfully maintained the payment also covered rents under a second lease for 425 acres at Pink Sands.
The Government of Antigua and Barbuda, with the Council’s consent, signed the two 99-year leases in 2017 as part of PLH’s luxury tourism project. Alongside the leases, the parties executed a Memorandum of Agreement and an Airport Escrow Agreement, requiring PLH to deposit US$5 million to support airport construction.
In 2023, the Council claimed PLH owed US$900,000 in rent under the Pink Sands lease. But the High Court ruled in 2024 that the documents clearly allowed the developer to set off rent against its escrow contribution. The judge rejected the Council’s reliance on oral evidence, finding the written agreements unambiguous.
On appeal, the Council contended that the trial judge misinterpreted the covenants and dismissed its evidence too readily. However, the Court of Appeal upheld the ruling, stressing that the contractual language was explicit and that the Council’s testimony lacked supporting documentation.
The Court dismissed the Council’s case and ordered it to pay PLH’s legal costs. The decision is seen as a significant victory for PLH, which is spearheading one of Barbuda’s largest private investments.
Legal analysts say the judgment underscores the courts’ strict reliance on written contractual terms in commercial disputes, a precedent likely to influence future land agreements on the island.
FULL JUDGMENT:
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WONDERFUL NEWS!!!! Trevor “BROWN PAPERBAG” Walker must not, will not and cannot stymie progress. The LAW of the Nation of Antigua & Barbuda and Redonda GOVERNS its affairs, not the FEELINGS & LIES told to keep Barbudans in subjection to the BPM CULT LIES.
But what kind of lawyers they have nah. All you couldn’t represent me at all. Then again I agree with all you just take their money and make it look like they have a case.
As if everyday is something with dem Barbudans
“…just take their money and make it look like they have a case.”
THAT’S EXACTLY WHAT JUSTIN SIMON DID TO THEM. THEY STILL HAVEN’T LEARNED.
https://antiguanewsroom.com/privy-council-rules-against-walker-frank/
https://antiguanewsroom.com/privy-council-rules-against-walker-frank/
https://antiguanewsroom.com/privy-council-rules-against-walker-frank/
Good! Now, moving right along….. Time to get rid of the old farts that thrive on stagnation! What a deliberately ignorant set ah people!!!
Well, this is the first time i heard the word Lease.. I just was hearing from Barbudan than Gaston “Sold the Land” Repeat “Sold”, but now I’m reading “LEASE AGREMENT FOR 99 Years”. They never mention this important part.
SO you didn’t lose the land, you are renting the land, and feel envy because others are making money with the land you agree to rent. Before all this development of infrastructure, that land was covered by bush, now when they see the building on it and look nice, is like. Ohh you making too much money, so you have to give me that money to me. No man, you rent a land for others do business on it. That is how it work. Before I found unfair they sold the land, but now that I know they didn’t sold it, they just Lease it and have a Yearly income for that, Im Fine.