Court clears Tewani, Messado of fraud
December 06, 2006
The Supreme Court on Monday cleared Kingston attorney-at-law Jennifer Messado and businessman Gordon Tewani of allegations in a civil suit that they conspired to defraud and injure a businessman during the sale of a property.
Indru Khemlani, proprietor of the American Jewellery Company Limited, had brought the suit contending that Tewani and Messado had delayed paying the full purchase price for a property at Tropical Plaza which he sold Tewani.
Messado was Tewani's lawyer and Raymond Clough represented Khemlani.
Attorneys-at-law, Patrick Bailey, Carol Davis, and Garth McBean, who represented Messado and Tewani, had argued that there was nothing in the transactions to prove that there was any conspiracy to defraud Khemlani.
Mrs. Justice Carol Beswick, in handing down judgment in favour of the defendants, held that no fraud was proved against anyone.
Breached undertaking
The judge, however, ordered Messado to pay American Jewellery Co. Ltd. $388,000 with interest arising from its claim for breach of professional undertaking. The judge said Messado breached the second undertaking by her failure to pay the agreed balance purchase money and costs within a reasonable time after completion of the registration of her client's name on the title.
Khemlani had contended in the suit that the delay in paying the full purchase price resulted in the bank auctioning his property at 70A King Street, downtown Kingston, and Tewani purchasing the property.
Tewani filed counterclaims for possession of the King Street property and for rent owing on the Tropical Plaza premises....
Author: Barbara Gayle
Source: Jamaica Gleaner
