Barbados Court Considers Dispute Over Land Valued At Almost One Billion US$

Wow! – no wonder the hit-o-meter has been going off the scale since we posted World’s Investors Watch Barbados Court Case. It turns out that the value of the Barbados land under dispute is almost One Billion US Dollars…

How did a little old lady from Barbados – a descendant of slaves – end up involved in a dispute surrounding a billion dollars of prime island land?

That, folks, is what makes this a very compelling story on a human level as well as a business and legal story.

We hadn’t even heard of this case until the past week, so we don’t know enough about what happened to really say too much about it. We will, however, do our best to follow the court case and let you know what we discover – as, for some reason, none of the other local media has paid much attention to it.

One of our readers sent the following website to us. We haven’t really looked at it yet, but for what it is worth, here it is…

www.keltruth.com

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30 Comments

Filed under Barbados, Crime & Law, Island Life, Politics & Corruption

30 responses to “Barbados Court Considers Dispute Over Land Valued At Almost One Billion US$

  1. honeybee

    Does the old lady know what her land is worth? Who stands to benefit from her demise?

    There must be very big backers involved in this mess. Why would they want to take away the old lady’s property and not pay her for it?

    I do not understand. Sounds like a very suspicious venture.

  2. West Side Davie

    The big question is… Why hasn’t this story been on the front page of every Barbados newspaper for the last week?

  3. felix b

    See 2003 Projects List Page 21 No. 73 – The project was worth US$800 million in 1994.
    1 billion US in 2005 is conservative.

    http://www.britishcaribbean.com/news/images/barbadosprojects2003.pdf#search='barbados%20projects%20list

  4. Pat

    I read the project lists. It seems the property involves the construction of another golf course and club house at Kingsland, Christ Church. One Anthony Hoad is providing the ‘professional’ services. Is he of the Richard Hoad brothers dynasty? What comes under these services, does that include acquisition of theland? Was it appropriated or did they offer an old black woman peanuts.

    What I would like to know is who now owns Culpepper land at Bathsheba
    and why they think the old railroad line (land) belongs to that property. I understand they have it barricaded so that residents cannot access the line nor the beach. I would like to know when the property lines were redrawn, if the governmnet sold this land without public consultation and what are the plans for the site.

  5. BK

    This matter was discussed way back in April 2004 on http://www.barbadosforum.com. Here is the link where postings can be found:

    http://www.barbadosforum.com/index.php?showtopic=927&hl=kingsland+estates

    That name DS keeps popping up all the time.

  6. lefty

    The old Knox lady has a new case in court – oppression????

    Minister Gline Clarke lives on land at Lower Burneys expropriated from Kingsland by the government of Barbados????

    I hope the government is included in the case. If not, it should be.

  7. lefty

    BK why you cannot say the name – David Shorey. Who is he anyway?

  8. lefty

    WOW! I just did a yahoo search on David Shorey, Barbados. I now know who he is.

  9. Travel Guy

    Little old ladies are vulnerable and have no power but
    this one is refusing to sing the VICTIM SONG. In
    Barbados those with out voices are run over and told
    to keep quiet or lose what little they have. History
    is still replaying itself to the descendents of
    slaves.

    Now the lights are finally coming on and these lights
    have a VOICE. Its almost like the Elephant in the
    room that noone spoke of just fluffed and amongst the
    vapor there was still silence. No one dare say
    anything

    Then in walks David Shorey ( again ), personal friend,
    influence peddler, former head of the infamous GEMS project,
    former Chairman of CCB and close friend to the Prime
    Minister.

    The stench in the room is unbearable, but do we see a
    path that would allow the judiciary to be truly
    independent in view of all the players and all the
    obvious and repugnant games?

    Did the little old lady ever have a have a chance in
    Barbados?

    Travel Guy

  10. West Side Davie

    The old lady still have a chance so long as BFP publish the truth about the corruption of the present gov’t.

  11. honeybee

    The Barbados court needs to be extremely careful how it handles this matter particularly because of the past involvement of our present Chief Justice Sir David Simmons and Mr. David Thompson leader of the opposition.

    If there are any doubts in the minds of those responsible for this matter that it may be seen not to be fairly dealt with then every effort should be made to minimize these doubts.

    My relative dug up the old newspaper articles in relation to story and I have forwarded them to BFP.

    Leaders, please get this one right. Barbados international reputation and integrity is on the line.

  12. BK

    Lefty DS cud mean David Simmons too : – ). Bouy one of these days when I unshackle myself from dese confidentiality agreements I sign…sigh!

  13. Pingback: Barbados Government BLP Blog - Week Of Silence As Land Expropriation Scandal Heats Up « Barbados Free Press

  14. felix b

    The hierarchy of both the BLP and DLP are familiar with this Kingsland Estates Limited matter so why the silence and secrecy.

    See the 2001 report at the Organization of American States (OAS) website below for the details of the proposed 90 hole golf course project which will required 5,682 cubic metres of water daily. See page 17.

    The report was prepared by Mr. Leo Brewster (MSc) of the Ministry of Environment and Mr. John Mwansa (PhD) of the Barbados Water Authority for the Caribbean Environmental Health Institute (CEHI) and the United Nations Environment Program (UNEP)

    http://www.oas.org/reia/IWCAM/pdf/barbados/Barbados%20Report.PDF

  15. Equality

    I do think that in looking at an development of an oppression remedy in law in connection with this case, it is vitally necessary to look at the case itself first. It isn’t a test case, or even one of any merit. The whole case was meant to delay on the basis that Classic’s financing would go away and Madge Knox (or her inheritors, her three children, Kathy Davis, John Knox and Jane Goddard) were left in possession on the field.

    All the comments that are made hereinafter are in the public domain in documents filed before the Courts.

    Let us look at a few facts and dates, therefore.

    1986.
    Madge Knox stands for and is elected a director of Kingsland Estates Limited (Kingsland). She holds this position until 1995.

    1991.
    The directors of Kingsland recommend to the shareholders of Kingsland the acceptance of an offer from SBG for the sale of 100% or a minimum of 70% of the issued shares of Kingsland (of which there are 2000,000 out of a capitalization upon incorporation in 1958 of 300,000 – just so you know from whence springs the “issue of new shares” of which Knox now complains).

    1992
    100% of the issued shares, including those of Knox, who accepted her own advice as a director, are contracted to be sold to SBG.

    Audited financial returns are finally provided by the Kingsland directors (including Knox – for 6 years by this time) for the period 1982 to 1992, during which time the Barbados National Bank has loaned Kingsland without either returns of the filing of income tax statements, the amount of $7.5 million approximately – and Knox was a director during this time. 6 years of this time.

    1994.
    April. The SBG sale falls through due to SBG’s failure to come up with the closing monies. Knox receives her share of the forfeiture of $56,140, but loans $28,570 to Kingsland to redeem a charging order against if against its two adjoining beach properties on Maxwell Coast Road, comprising come 2.5 acres of beach-front land. These properties were advertised to be sold at auction and one of the bidders preempted by the redemption of the charging order was Peter Allard.

    October. BSCH makes an offer for 100% or a minimum of 70% of the Kingsland shares. Knox, as a director, recommends to the shareholders acceptance and, herself as a shareholder, along with all the other shareholders, accepts the offer.

    November. Through his dear friend, Mr. Anthony “Flowers” Hunte, Mr. Allard approaches the officers of BSCH asking to be allowed to purchase the beach properties of Kingsland for a derisory amount. Indeed, he provides copies of an exchange of correspondence (carefully preserved) between himself and Kingsland chairman, Erie Deane, in which he makes an offer to Kingsland itself to purchase the beach properties for a derisory amount. BSCH states to Allard (and Hunte) its lack of interest in his offer.

    1995
    August/September. Kingsland produces a further year’s audited financial returns at the AGM and Knox does not stand for re-election as a director.

    1997.
    May. The Estate of Colin Deane (a Kingsland shareholder) files suit against Kingsland and its directors under the oppression remedy and seeks ex parte an order freezing Kingsland assets. Kingsland opposes the ex parte hearing and the order granted is inter partes. The assets of Kingsland are frozen pending the determination of the action filed by the Estate of Colin Deane.

    October. The directors of Kingsland recommend an offer to purchase 100% or a minimum of 70% thereof from counsel for Classic Investments Limited (Classic). Over 70% of the holders of issued shares wish to accept, but the Estate of Colin Deane (which has all Kingsland’s assets frozen) and Knox, do not. They so advise Kingsland and Classic’s counsel in writing.

    November. The willing shareholders offer the unwilling shareholders the right to purchase their shares in Kingsland attaching to their offer the Classic offer as being the terms and conditions of acceptance. Both unwilling shareholders refuse the offer.

    December 17. The willing shareholders sign an agreement to sell their shares to Classic.

    December 19. An offer is received from Mr. Allard to re-finance Kingsland conditional, inter alia, upon the beach properties being sold to him at a derisory price.

    1998.
    Early February. Knox and her advisers approach the Estate of Colin Deane seeking to enlist its aid on behalf of Allard. This is refused.

    March. Classic holds meetings with Knox and/or advisers at which it is alleged Classic is advised that Knox/advisers can speak for the Estate of Colin Deane as well as themselves. On this basis, Classic sends to Knox’s counsel a copy of its agreement with the willing shareholders BUT:

    June. When by June they have not heard from the Estate of Colin Deane, they approach its counsel for a meeting. The Estate of Colin Deane, despite the fact that Knox has never had any authority to speak for it, agrees to such a meeting on the proviso that Knox and her advisers be invited to it as well. Knox declines, but asks the Estate of Colin Deane to use its best offices and its undoubted clout as a result of its injunction, to protect the Knox interests.

    August. As a result of this, Knox receives an offer of $1.5 million for her shares, some $600,000 more than the willing shareholders as a condition of the acceptance of the Classic offer to it of the Estate of Colin Deane. Knox does not respond.

    September 31. The Estate of Colin Deane writes to Kingsland setting out the terms of its agreement with Classic on the basis of Classic being a “selected person” under the articles of Kingsland.

    October. Knox writes stating that she is exercising her right of first refusal to purchase the shares of the Estate of Colin Deane. The Estate denies that she has any such right over and above a “selected person”.

    Knox later writes stating that her right to purchase the shares is at $3.80 per share ($108,566) for all the issued shares of Kingsland.

    Knox files her High Court Action 1805 of 1998 entitled M. Knox v. J. Deane and others. She also seeks and obtains an ex parte injunction preventing (effectively) the sale to Classic and also preventing Classic from purchasing.

    November. Upon the return date and upon undertakings given the Court by Knox and her counsel, counsel for the defendants agree to allow the injunction to subsist on condition that the hearing be fast-tracked.

    1999.
    At a social gathering, Kingsland’s chairman learns from Kingsland’s major creditor, Barbados Agricultural Credit Trust Limited (BACTL) to his surprise that he has held a meeting that day with Knox’s counsel and counsel for Allard at which it has been stated that agreement to settle the matter has been reached, Knox is buying the Kingsland shares and therefore the debt of Kingsland should be sold to Knox. Next day, however, counsel for the defendants write to BACTL saying that this is not so at all.

    July. The Estate of Colin Deane files to have the Knox injunction discharged on the basis of the false and misleading information upon which it was obtained and as the Court is about to go into summer recess, the matter is held over to the autumn, at which time Greenidge J. warns it will be heard (the application for discharge of injunction) without delay.

    November. Counsel and the Court agree that as all parties are present, instead of hearing the application before it, the substantive matter should be heard and hearing concludes in December.

    2001

    June 14. Having promised a “swift” decision, Greenidge J. then deliberates for 18 months and rules against Knox.

    Knox appeals and security for costs is granted to the defendants (except the estate of Colin Deane – that opts instead for an application for a charging order against the Knox assets) in the amount of $1 million.

    2003
    Muriel Deane dies and her estate is probated and her executors granted letters testamentary.

    October. Knox looses her appeal and seeks leave to appeal to the Privy Council, which is granted, unopposed and on consent of all parties.

    2004.
    Late January. Four months later, Knox files her appeal before the Privy Council. However, she omits to have Muriel Deane replaced in the action. Also, she has filed an affidavit in the matter of the application for the charging order from the Estate of Colin Deane in which she states that her shares in Kingsland are no longer hers, but that she has transferred them into a trust of which the beneficiaries are her children and on which there is a lien – in favour of Mr. Allard. Needless to say, there are now writs for fraud filed against Knox.

    On the basis, however, of her affidavit, application is made to the Privy Council to “fortify” the security for costs order of the Barbados courts and almost without precedent (such application usually being turned down) the order is granted by the Privy Council in the amount of $300,000.

    Finally, one has to be totally fed up with the image that Mrs. Knox and her website, http://www.kelytruth.com give of her as a woman without the protection of her late husband (implying that he would otherwise have been her champion). She divorced him using as her counsel Mr. Tom Adams Q.C., later Prime Minister of Barbados. She has never remarried and therefore is not a widow, but a divorcee.

    So, who are the victims? Mrs. Knox, or her even more elderly siblings (with one exception, Muriel, who died while Mrs. Knox was prosecuting her case with the assistance of Allard)?

    As for the oppression remedy and the development of which you purport to watch with such care, I do suggest that you examine the public domain documents on record with the courts, including those of Mrs. Knox, before giving in to the lies and deceit of the black divorcee.

  16. Velzo

    Honeybee, what is the “involvement” of David Thompson? I know that David Simmons was one of the promoters of the Golf Course but was David Thompson? Is that what you are saying because that is not true.

    David Thompson was Minister of Finance and concessions were given by the Cabinet to the Golf Course development consistent with those given to Westmoreland. What else is there?

  17. honeybee

    Velzo, Nation newspaper September 3 1994, September 13 & 14 1998 & Barbados Advocate September 22 1998.

  18. honeybee

    Equaltiy, the information you provide is very confusing and long-winded.

    My relative doing law has provided me with details and evidence which seem to contradict your overall view on this matter so I am watching it closely because it affects my own investment and that of my family in Barbados and overseas.

    Your comments have reinforced the obvious that there is much more in this mortar than the pestle.

    I think it depends on what your religious convictions are whether this lady can be called a widow or not. This seems to affect you deeply as you keep repeating it. Wounds will heal if we attend to them and allow them to.

  19. Confused

    Equality

    I started to read your post but got confused early on.

    How did the madam get elected to be a director in 1986 when you say that audited financial statements did not exist and were not finally provided until 6 years later?

    Kinda lost track after that.

    You need to simplify it for ignorant people like me.

    You obviously have a story to tell but it is all in a jumble.

    Cool down and get your thoughts straight.

  20. Confused

    I went back at it again but got stumped again when I got to 1991.

    How do the directors recommend to the shareholders in 1991 to sell two million shares out of a total capitalisation of three hundred thousand shares from 1958?

    There is an error in here which has me even more confused.

    Also, how on earth could the directors make any recommendation to shareholders in 1991 in the absence of audited financial statements since 1982?

    At the moment, it seems a jumble to me when I read your post.

    I guess when the full story comes out it may become a best seller!!!

    There is something fishy in all this.

  21. Equality

    Please folks. Do like I did. Go to the Supreme Court Registry and call for the pleadings in 1805/98, Civil Appeal 17/01 and then after you have, like I did, read the whole lot of it, come to a conclusion.

    Then read the Companies Act Cap. 308 (available online by the way).

    Otherwise, don’t even attempt to discuss the merits of the oppression remedy. If you are unable to do this and see that the law has operated correctly, then I suggest that you take your family investment and put it somewhere other than Barbados – I understand that Russia has a fast-growing off-shore investment facility – why don’t you have a look there. You don’t have to invest in Barbados and I do suggest that if you have any doubts about it as the result of the outpourings of Martyred Madge, you find an alternative. The world is full of them.

    Have fun.

  22. passin thru

    Equality say “You don’t have to invest in Barbados and I do suggest that if you have any doubts about it as the result of the outpourings of Martyred Madge, you find an alternative. The world is full of them.”

    That is the problem, Equality. The world IS full of alternatives to investing in Barbados. And that be why this case matters what ever outcome happens.

  23. honeybee

    Equality, I think you have gone too far now.

    From what I have seen so far, BFP is a blog for use in the best interests of Barbados and Barbadians. I do not think it is the right place for “poison pen” personal vengeance, defamation and character assassinations.

    There has to be another side to this story and if it affects all Barbadians I am sure we will read about it on BFP in due course and we all will have the opportunity to respond.

  24. Confused

    Equality

    I am not trying to discuss any merits of anything.

    All I am trying to do is get a grasp on the facts that you have presented which have in errors and are not making common sense.

    Obviously you haven’t got the legal training to understand what you have read if you can’t get simple contradictions out of your presentation.

    I haven’t either and won’t be trying to get any court documents or make any presentations. But that won’t prevent me from raising questions when I get told something that is not making sense to me.

    Do you have a problem with the madam being black or being a divorcee? Or is it just that she is old?

    The more I read about this the more I have to admit that this must be one hell of a lady.

    If she can go the distance to Privy Council, lose and still be fighting for what she obviously believes in, man, that is sheer guts.

    You certainly piqued my interest in the case, thanks.

  25. It is interesting that Mr Peter Allard should be Mrs Knox’s champion in her billion dollar battle against Government over Kingsland Estate. Is he not the same Mr Allard who is owner/developer of our treasured Graeme Hall Nature Sanctuary? If so it will hardly endear the PM to the fine proposal to extend the Nature Sanctuary up to ABC Highway as a National Park, and to throw out Caribbean Water Splash’s deplorable bid to install a noisy, polluting water park there.

    I had not realised that our battle for the National Park was so closely associated with the Kingsland Estate war. Small world, small island.

  26. ross

    bystander, what billion dollar battle against government over Kingsland Estate? I have not heard of this. What are the details?

    Are you suggesting that the waterpark saga cold be a personal vendetta by the PM against Mr. Allard? I cannot imagine that our PM would be so small minded at a time like this when our country needs foreign exchange so desperately.

  27. Scroll up to top of this site for details, but they are very complex. See also http://www.keltruth.com.

    No, I’m not suggesting the Caribbean Splash saga is a vendetta by the PM vs Allard at all. Merely that as Allard appears to be his antagonist in the Kingsland Estates issue, the PM is less likely to be sympathetic to the Graeme Hall National Park issue which is also Allard’s baby (as well as ours).

    Our PM is far from smallminded, and I pray he is farsighted enough to see that any shortterm foreign exchange gains from Caribbean Splash (say 10-15 years at the most) would be far outweighed by the longterm gains (100 years +) of a national park in perpetuity. But they say politicians find difficulty in seeing beyond the next election. We must all hope our country is not so desperate for foreign exchange that we are obliged to let the likes of Kerins despoil our environment.

  28. Equality

    Oh dear Confused. How you have helped me to see the truth. Thank you. I am on my knees to you with gratitude for your wonderful insight. I only just revisited this site (for the last time) and saw your comments.

    If someone portrays themselves to be something they are not, that should inspire trust and confidence? I never thought of that and how silly of my parents not to teach me that when I was growing up. Mrs. Knox portrays herself as a widow and she is not. How could I possibly miss this one element that makes Mrs. Knox so very credible on other matters.

    How admirable it is of Mrs. Knox to pursue her case all the way to the Privy Council. And be on the receiving end of a $4 million legal costs bill. Presumably, if it was your $4 million, you would have done the same. I am speechless – with admiration.

    Naturally, the judge of first instance was wrong. And the Barbados Court of Appeal was wrong. And Her Majesty in council was wrong. It is time for the world to recognize the superior legal intellect of this old “widow” And her counsel, Alair Shepherd Q.C., and appoint her (and him) as the final arbiters of legal matters, rather than these incompetent judges? Sainthood is on the cards. Solomon didn’t have thing on these two.

    YESTERDAY, MADGE KNOX LOST IN COURT YET AGAIN! On two matters – and probably this time will be refused leave to appeal.

    She may even be declared a nuisance by the Courts. Naturally, the Courts will do this, not because their time is being wasted by an old “widow” with a rich Canadian backer intent on having his way, but simply because the Courts recognize the superior legal intelligence of Madge Knox and Mr. Shepherd and are sick of having their own ignorance highlighted by them and so are “cutting them off” so that they cannot embarrass the Courts any longer. Clearly there is a conspiracy against Madge Knox that extends even so far as Her Majesty.

    So, dear confused, you who, “won’t be trying to get any court documents or make any presentations. But that won’t prevent me from raising questions when I get told something that is not making sense to me” are supremely right. How in keeping with the Madge Knox approach to law. You are quite simply another Daniel come to judgment.

    As you have said of me, “Obviously you haven’t got the legal training to understand what you have read if you can’t get simple contradictions out of your presentation.” And with your clearly superior legal qualifications and insight, I humbly accept your strictures. How could I have been so wrong.

    Let us also not restrict ourselves to Mrs. Knox. Let us praise to the skies her daughter and son-in-law, Jane and Kent Goddard who have selflessly mortgaged a house (sold to them by Kingsland Estates Limited for under $2,000 (two thousand) and now worth about $900,000 for $1.5 million. So they have contributed $1.5 million to Mrs. Knox’s legal battles. Well the old saying goes. Easy come, easy go. By the way, not that you will read it, of course, but for your information, the Mortgage is recorded at the Land Registry and is open for your inspection.

    And guess who the Goddard Mortgage is held by?

    No prizes for guessing that it is Mr. Peter Allard.

    Gracious, these people have all the virtues – and common sense to burn and, with the legal input of Confused, eventually, they will prevail. At least that is what we, their ardent admirers must continue to tell ourselves.

    On the same little entry, you ask “Do you have a problem with the madam being black or being a divorcee? Or is it just that she is old?” Actually, I do not. I am black and I am a divorcee and I am older than she is. Of course, I really am not someone whose example should be followed in that I have never pretended to be a widow so as to garner sympathy for my age and the implied lack of a supporter/husband in my life. Silly me.

    A question on the subject of being black, oh most honoured and intelligent Confused. What is the relevance of this issue in a country in which the Governor General, the Prime Minister, the Parliament and all the judiciary are black? And most of the civil service, army and population? I don’t get it. Am I not being sufficiently insecure about being black.

    Naturally, Confused, unlike the other thousands of readers of this site who understood what I said and saw no need to question anything, was the only one with the supreme and transcendental wit and intelligence to be confused. How right and how brave.

    Seriously, I thought this was a site to examine the investment potential of Barbados, which, of course, includes its rule of law and judicial system. Indeed, without a sound judicial system and a good rule of law, Barbados would be rendered a most unsatisfactory off-shore investment country. Both sound judicial system and rule of law completely depend on a sound government. There is much competition for Barbados in this area and yet Barbados leads the world. Clearly the great majority, therefore, of the world’s population think that Barbados has a sound government and legal system. I do too.

    It is sad that this site which could be such a wonderful guide in alerting investors as to what to expect has been hijacked by the webmasters of http://www.keltruth.com under the heading of “The World Watches” in order to attempt to publicize solely from their point of view and with little or no fact – or truth – an example whereby someone (in this case Mrs. Knox) has been accorded full due process of law up to and including the appeal to Her Majesty in council (that, for the edification of Confused, is the official name of the Judicial Committee of the Privy Council) and lost.

    Due process was done by a democratic and legally sound country in a manner of complete transparency and in accordance with the laws that bind us all (not just Mrs. Knox) and judgment was given against the old black “widow” in favour of her equally old black siblings.

    This site has also become the mouthpiece of Peter Allard. After all, Peter Allard has fixed up the swamp and therefore must be now allowed to do whatever he wants and the PM and the Courts should be grateful to him and provide him with every facilitation to change the rule of law and the court system as he sees fit. Also, the PM should use his best efforts with HM the Queen to ensure that she and her Privy Council do not in future go contrary to the wishes of Peter Allard. After all, just who does the Queen think she is.

    I won’t be reading this site again. The superior brain power of people like Confused is just too much for a poor old black woman like me. I’ll stick to something more mundane for my investment information, like the Wall Street Journal of the Financial Times.

    Out.

  29. Wow, Ms Equality, dat is a mouthfull!

    Simple me thought Mrs Knox and her family had been wronged through unfair aspects of the legal process, and Mr Allard was an altruistic knight-in-shining-armor, trying to put things right.

    All I know is Kingsland Estate would be a nice place for a home, and the legal mess which has delayed development for years has caused a vaccuum in building which will be righted in a hurry one of these days.

  30. good friend

    i would love to get in contact with u EQUALITY, how do i do that? help please