St Joseph developer takes Works Ministry, Director of Drainage to court

A Maracas, St Joseph developer has been granted leave to challenge what it alleges is the unlawful refusal and delay by the Director of Drainage and the permanent secretary in the Ministry of Works and Infrastructure to issue a completion certificate for a development in Manuel Congo, Arima.

On October 29, Justice Frank Seepersad granted leave to Jabell Construction and Transportation Ltd (JCTL) to pursue judicial review proceedings over the requisite approvals for the Hugh Lee-King Development.

The case is set for a hearing on December 10.

According to the developer, despite full compliance with approved 2017 drainage designs certified as “adequate and satisfactory,” the ministry required the company to redesign and redevelop its stormwater outfall system, years after the project’s completion. The company argues that the new requirement is irrational, unreasonable, and contrary to the legitimate expectation that final certification would follow once works were completed to approved specifications.

According to court documents, JCTL asserts that the ministry’s decision relied on factual errors and irrelevant considerations, including mistaken assumptions that water from the development entered the main watercourse at a 90-degree angle, potentially causing flooding. The company maintains that its drainage discharges occur at a 45-degree angle and that any 90-degree entry is from an adjoining, unrelated development.

The company’s managing director, Roger Bellamy, identified severe financial hardship resulting from the ministry’s continued delay, including the risk of foreclosure and loss of home sales.

“As a direct result of the intended defendants’ unlawful actions as aforesaid, the intended claimant continues to suffer loss and detriment, on account of having lost clients who purchased lots from the subject development prior to construction.

“The intended claimant incurred losses as a result of the cancellation of a number of sale agreements.

“Consequently, the intended claimant has been unable to meet its financial obligations under the loan agreement with the Home Mortgage Bank wherein it attained a loan of $125,000,000 for the purposes of financing the subject development.”

The application said the developer had suffered from loss of profit from the sale of homes, and losses related to construction costs and the principal sum of the borrowed amount, along with interest.

The court documents said that despite repeated letters and meetings between 2024 and 2025, the company received no substantive response or written confirmation of required remedial works.

The developer seeks declarations that the ministry’s actions were unlawful, along with orders compelling the issuance of the completion certificate or, alternatively, a reconsideration of its application. The company is also asking for damages, costs, and interest.

“On May 14, 2025, Mr Bellamy wrote to the Minister of Works seeking intervention in the matter, and citing the financial prejudice suffered by the intended claimant due to the refusal and/or delay in issuing the completion certificate for the subject development.

“No response was received from the minister.”

The court filings also said that from May to July, Bellamy unsuccessfully sought the minister’s intervention, “citing the financial prejudice suffered,” but there was “no assistance forthcoming from the minister.”

The developer is represented by Kiel Taklalsingh, Kristy Mohan and Johanna Richards.