Barbara Gayle, Staff Reporter

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.

The judge found that Tewani did not fail to pay the balance of the purchase price promptly. The judge ordered Khemlani to give up possession of 70A King Street within the next 12 weeks and to pay profits to Tewani for the time he occupied the premises.

Khemlani's sons, who leased the Tropical Plaza property, are to give up possession within the next 12 weeks and rental owing is to be calculated and paid to Tewani. Khemlani had claimed damages against Tewani for $1.6 million contending that the full purchase price was not paid on the Tropical Plaza property but the judge awarded Khemlani $575,000.

Hilary Phillips, Q.C. and attorney-at-law, Denise Kitson, who represent Khemlani, will be applying next week Wednesday for a stay of execution of the orders.