Kingston, Jamaica, November 20, 2008 - - Felicitas Ltd. has filed a claim in the Supreme Court of Jamaica on 17th November, 2008 against Defendants – Fiesta Jamaica Ltd., RIU Jamaicotel Ltd., Palmyra Resort & Spa Ltd. and Bedrock Building and Aggregates Ltd. The claim states that on various dates between June and July 2008, the Defendants’ servants or agents unlawfully and without consent, removed approximately 6,000 cubic yards of sand from property at Coral Springs, Trelawny. The Claimant cannot now identify the other persons involved but says that they were acting at all material times as the servants or agents of the Defendants.
In the legal Claim Document, Managing Director, Fredrik Moe, notes that Felicitas Ltd. had acquired the Coral Springs Property for the purpose of developing a 6-star beach resort and at the time of the alleged removal of sand, the company was in the process of implementing the development. Moe also claims, “forensic tests carried out by local and international geological entities support a conclusion that samples of sand taken from the Defendant Hotels’ properties are very likely to have come from the Coral Springs property”.
Fiesta Jamaica Ltd. was named first defendant, Riu Jamicotel, the second, Palmyra Resort & Spa the third and Bedrock Building and Aggregates Ltd. the fourth defendant in the case. All four named defendants in this case are companies incorporated under the laws of Jamaica.
The Claim Document also states that the Defendant hotels should have been aware that the sand had been illegally obtained, due to the circumstances:
- Deliveries took place stealthily and very late at night
- The 4th defendant does not own or occupy any property or facilities from which the sand could have been taken
- The 4th defendant is not licensed to mine or supply sand for this purpose and the Defendant Hotels took no or no sufficient steps to ascertain where it did
- The sand was high quality beach sand which could only have been taken from a beachfront property.
- Very substantial qualities of sand were involved.
Felicitas has claimed against all Defendants damages for trespass, damages for conversion, delivery of the sand taken from the claimant’s property, costs, interest at commercial rates and any other relief the court may deem appropriate. Felicitas Ltd. is therefore claiming loss and damage, with a total of US$8,130,000 being claimed.
Felicitas Ltd. anticipates speedy resolution and compensation.