Court throws out $84K claim by consultancy firm against attorneys

A High Court judge has dismissed a lawsuit by a consultancy firm against an attorney, his practice and a related property management firm.

In a ruling on May 13, Justice Joan Charles dismissed Aaron Knights Enterprises Ltd (AKEL), which claimed over $84,000 in outstanding consultancy fees, rent compensation, and damages stemming from a tenancy and service agreement dispute with Hove’s Court Ltd, Hove and Associates and its principals, attorneys Farai Hove Masaisai and Trishauna Scarlett Hove-Masaisai.

Justice Joan Charles found that the consultancy firm failed to provide sufficient evidence to support claims for unpaid fees in 2018 and 2021, breach of contract for November and December 2021, and consequential losses allegedly resulting from an agreement to continue services into 2022.

AKEL, through its director, Aaron Knights, alleged it had an oral agreement with the defendants to continue consultancy services and rent a single office space at 15 Gordon Street, Port of Spain, on a retainer basis. The company claimed it was locked out of the premises on November 1, 2021, without proper notice, breaching both tenancy and consultancy arrangements.

Masaisai and his wife, directors of Hove’s Court and partners of Hove and Associates, denied that any enforceable agreement existed beyond the expiration of written contracts in November 2020.

Justice Charles ruled that the evidence did not support the existence of a binding consultancy agreement for 2022, and that the tenancy was lawfully terminated through a valid notice. She found no proof of invoices or documentation for the alleged unpaid services, nor credible evidence that the parties had agreed to continue any formal business relationship into 2022.

“The onus of proof that the company was owed this sum lay with the claimant, who was required to adduce invoices, bank statements, cheque stubs or other evidence in support of this claim, especially where, as here, the defendants were denying that they were indebted to AKEL,” she said.

She also added, “There is no evidence to support the claim that this retainer fee was to continue in 2022,” the judge said, adding that an essential element of a binding contract, “consideration,” was not established.

“In the circumstances, I hold that the claimant has not discharged the burden of proving these claims,” the judge ruled.

As a result, the claim for damages, including $42,000 for consequential loss, $30,000 in 2018 fees, $5,000 for unpaid 2021 services, and $7,000 for breach of contract in late 2021, was dismissed. The court ordered AKEL to pay $20,800 in legal costs.

Attorney Colvin Blaize, Chelsea Edwards and Bernelle-Joy La-Foucade represented the defendants.