UJOlo.1. The Honourable Attorney General of the Turks and Caicos Islands. and

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1 I,!,>C: ((: ("S _ I '~f. UJOlo.1 IN THE TilE SUPREME t:. COURT OF TilE THE \ f,(\{u ( I : ("5""._._.. [}A,I:. CL 16 /6 /2012 nol2 TURKS AND CAICOS CAlCOS ISLANDS BETWEEN: :\ nt ED IN THe GUP;;c; 'C Cl 1 JMKS & C'JH:;Q" 'St ".. l:_' \CY:~ ~----' The Honourable Attorney General of the Turks and Caicos Islands and s_\ _' \_' '2-. Plaintiff Progressive National Party rty Defendant TO TilE THE DEFENDANT Progressive National Party ofprovidenciales This Writ of Summons has been issued against you by the above-mentioned Plaintiff in respect of the Claim set out in the attached Statement of Claim. Within 14 days after the service of this Writ on you, counting the day of service,.y~u~ you must tn~st either satisfy the claim or return to the court office mentioned below the accomp.anying accompa:nying~a~<~~;"":iedgement, A~kl;leyvl~dgement of. " f! -'. Service stating therein whether you intend to contest these proceedings. Service stating therein whether you intend to contest these proceedings. "*' - "". ":'t ::;-... 't ""I:. Acknowledgement without stating therein an intention to contest the proceedings, the Plaintiff may proceed with the :r t If you fail to satisfy the claim or return the Acknowledgement within the time stated,, or if you return the. f ' Acknowledgement without stating therein an intention to contest the proceedings, the Plaintiff may proceed with the action and judgment may be entered against you forthwith without further notice.. ; Issued from the Registry of the Supreme Court this \ ~ <6- ~1~ ~~ 1 ~ Note: This Writ may not be served later than 12 calendar months after the above date unless renewed by Order of the Court. IMPORTANT Directions for Acknowledgment of Service are given with the Accompanying form. 1

2 Introduction and parties STATEMENf STATEMENT OF CLAIM 1. I. The Plaintiffs claim is for the recovery of land and damages for trespass and damage to the Plaintiffs land at parcel 60602/ on Providenciales (the Land). 2. The claim is brought by the Honourable Attorney General on behalf of the Government of the Turks Twks and Caicos Islands (fcig), (TCIG), and on behalf of the Crown. Crown, The Plaintiff is and was at all material times the owner in possession of the Land. 3. The Defendant is a political party based on the Land at Progress House, Airport Road, Providenciales, Turks & Caicos Islands (the Headquarters). Between 16 August 2003 and 14 August 2009, members of the Defendant made up the Executive Council and subsequently Cabinet of the Turks and Caicos Islands and controlled TClG. TCIG. Background 4. In or about November 2004, the Defendant (then known as the Peoples National Party), applied for a Commercial Conditional Purchase Lease (CPL) over the Land. 5. On 30 November 2004, Leroy Charles, the Director of Lands and Surveys prepared a memorandum that concluded that a previous lease over the Land, held by Mr DeOwen Higg5, Higgs, had expired on 28 November Mr Higgs had failed to (0 construct any development and was no longer in occupation of the land. Mr Charles advised that the land comprised 0.75 of an acre and had an open market valuation of $50,000. It could be leased to (0 the Defendant at $1,250 $1250 per annum and would incur a discounted discoi.u1ted freehold purchase price of $25,000. Mr Charles concluded that the Land could be leased to the Defendant for the construction of its headquarters once the lease to Mr Me Higgs 'was cancelled. 6. On 6 January 2005, the Executive Council of the TCI approved the grant of a Commercial CPL over the Land to the Defendant to build its headquarters. The approval was conveyed to the Chairman of the Defendant by letter dated 18 February HOWl!Ver,the However, Defendant did not execute a Commercial CPL over the Land or pay rent to the Plaintiff. 7. On 22 March 2006, Williams Drafting,, on behalf of the Defendant, applied for Development Permission over the 2

3 Land. At Part 3(i) of the application,thethe Defendantmisrepresented,that that it was the owner of the Land. The application was approvedby the PhysicalPlanningBoard Planning on 23 March 2006 on the basis of this misrepresentation. misrepresentation, 8. On or about 23 March 2006, the Defendant wrongly entered the land Land and as an act of trespass commenced constructionof of the Headquarters. 9. On 9 June 2006, the Department of Planning receivedan applicationfor temporary electricalconnection connection during the constructionof of the Headquarterson the Land. 10. On l I July 2007, the Defendant agreed six Commercial Leases for the rent of constituency office space in the Headquarters. Headquarters,Each lease was agreed for the term of l 1 July 2007 until 1l July 2010 at rent of $2,350 per month (totaling$28,200 per annum annwn for each lease) as well as a securitydeposit of$2,000 to be paid by TCIG tmder under each lease. Ruth Blackman, Clerk Cieri< of the House of Assembly, executed the leases for TCIG on behalf of the following following Members ofparliament Parliament: 10.1 I Hon. Lillian Boyce, MP for Five Cays; 10.2 Hon. Karen Delancey, MP for the Bight; 10.3 Han. Hon. Wayne Garland, MP for Richmond Hills; loa I 0.4 Han. Hon. Gregory Lightboume, MP for Blue Hills; 10.5 Hon. Amanda Misick, MP for Cheshire Hall; 10.6 Hon, Hon. Galmo Williams, MP for Long Bay; (together, the PNP MPs). II. Provident entered into the Commercial Leases on behalf of the Defendant and the rent paid by TCIG was paid in the mistaken belief that the Defendant held a legal interest in the Land which it did not. 12. On 9 July 2007, the Defendantagreedagreed a propertymanagementagreement agreement with Provident Management Services Ltd (Provident) for the management, operation, control, rent and lease of the Headquarters. The agreement expired on 31 July It. In exchange for the services provided by Provident, the 3

4 Defendant agreed to pay the following fees: % I of the initial move-in payment by tenants, excluding security deposits (which totaled $28,200), being $2,820; 12.2 a monthly management fee of $2,010 (which totaled $169,200 per annum), being $16,920; and % of all additional rents collected (which totaled $169,200 per annum), being $16,920 per annum. 13. On 9 July 2007, Provident agreed a contract with Diamond Cleaning Services to provide daily cleaning of the lobbies, entryways, restrooms and conference rooms, inclusive of cleaning supplies for $2,000 per month. 14. On 1I October 2007, Provident agreed a cleaning contract with TCIG TelG for the daily cleaning to the six constituency offices of the PNP MPs at $2,400 per month. The agreement expired on 31 January The total sum paid by TCIG for rent of the constituency offices and cleaning services was $465, The sum paid was paid under the mistaken belief that the Defendant held a lease over the Land. 16. In or around April 2011, a review of Crown leases identified that the Defendant did not hold the lease to the Land. The Plaintiff wrote to the Defendant on 21 April 2011 in order to inform the Chairman of the Defendant of the trespass and set out its claim for damages. PARTICULARS OF DAMAGE Trespass 17. On or about 9 June 2006, the Defendant by his agent Pioneer Construction and/or Williams Drafting wrongfully entered the Land and constructed the Defendant's Headquarters, as a result of which the Plaintiff Pia has suffered loss and damage. 4

5 18. The Plaintiff seeks damages for unlawful occupation of the Land on the basis of a reasonable annual rent until possession of the Land is given up to TCIG. 19. Further, the Plaintiff seeks damages for having been deprived of the use and occupation of the Land. This sum can be calculated on the basis of the sums paid by TCIG to the Defendant's agent for rent and cleaning services of the constituency offices to the PNP MPs, being $465, In the alternative, alternative. the Plaintiff seeks restitution of the sums paid to Provident as the Defendant's agent, in the mistaken beliefthat that the Defendant held a lease over the Land. 21. The Plaintiff seeks an order that the Defendant pull down and remove the Headquarters and/or damages for the cost of restoring the Land to its former state, state. such costs to be determined at a later date. Interest 22. The Plaintiff claims simple interest at 6% from the date of construction of the Headquarters up until Judgment and thereafter until payment is made pursuant to Article I 1010 I B of the Civil Procedure (Amendment) Ordinance I AND the Plaintiff claims: (I) l) an order for possession of the Land; (2) damages for trespass until possession of the Land is given up; (3) restitution of$465, of$ paid by the Plaintiffto to the Defendant's agent by mistake; (4) an order that the Defendant pull down and remove the Headquarters; (5) damages for retwning returning the Land LaR:I to its previous state; (6) interest at 6% on the award of damages; and (7) costs. This Writ was \WS issued by: ~~~ ~~~ Waterloo Plaza Grand Turk

6 . '. Turks and Caicos Islands Attorneys for the said Plaintiff whose address for service is the same. 6

7 CL /2012 IN THE TIlE SUPREME COURT OF THE TIlE TURKS AND CAICOS ISLANDS ". BETWEEN: The Honourable Attorney General of or the Turks and Calces Caicos Islands -v- ~v~ Plaintiff Progressive National Party Defendant WRIT OF SUMMONS The Attorney General's Chambers Waterloo Plaza Grand Turk Turks & Caicos Islands 7