Oceania Heights Limited has won its appeal in the Privy Council against Willard Clarke Enterprises Limited, giving it official entitlement to 11 disputed lots in an Exuma development. According to court documents filed yesterday, the court found conveyances from Willard Clarke unenforceable because Oceania had recorded a prior sale agreement. From a legal perspective, it is clear that registering an agreement for sale took precedence over a conveyance.

"In view of the language of section 10, the effect of the board's conclusion might be said to be that, as against Oceania, the conveyances are ineffective or even void, with the result that Willard Clark Enterprises is obliged to convey the 11 lots direct to Oceania, in order to complete the 1995 agreement," he said. The judgement brings to an end a contentious issue being watched eagerly on the sidelines.

Oceania Heights, comprising of more than 40 acres of prime oceanfront land in Exuma, was purchased from Willard Clarke Enterprises in 1995. However, Willard Clarke allegedly sold land included in that sale, which gave rise to these 11 disputed lots. The principals of Oceania also sold property in the disputed area to international investors. Following the judgement, these lots will now be transferred to Oceania, allowing it to meet any obligations to investors. Willard Clarke, however, could face further legal action.

"Whatever the correct analysis of section 10, the effect of the board's conclusion is that anyone who has entered into a contract for the sale, lease or grant of an interest in or over land, or who has brought, leased or been granted an interest in or over land, would be well-advised at once to register their contract, conveyance, lease or grant," the court document read. In the concluding remarks, the court document noted that Willard Clarke's acquisition of the 11 disputed lots would have also been unjust on the basis of infrastructure.

Oceania has installed significant infrastructure at its own expense, the document noted, on the basis that it would own the 11 lots. "In light of the indemnity agreement, however, Oceania is effectively bound to compensate the purchasers for any damages which Willard Clarke Enterprises would be obliged to pay them as a result of the breach of the contract to convey the 11 lots (with good title)," it stated. The board advised that there should be no order for costs on the appeal. Yesterday's judgement should come as good news to investors in Oceania.

While lot owners have voiced a number of concerns, one of the issues was the alleged double-selling of lots. The judgement should go a long way to clearing up any misunderstandings and determining proper ownership. Last Friday, Deputy Prime Minister Philip Brave Davis held a meeting between more than a dozen international investors in Oceania and its principals. The principals of Oceania Heights have been accused of failing to process stamp duty, provide official documentation and falling behind in the construction of amenities.

It has also been alleged that lots were sold prior to Oceania Heights receiving subdivision approval. Anthony Thompson and Howard Obront, the principals, have denied any wrongdoing and expressed willingness to work through the matter. Davis is scheduled to meet with lawyers on both sides sometime this week to "accelerate" resolution in the matter. "The country is being put in a bad light," he said last Friday. "I have agreed to accelerate the process, if I can. The issue has serious implications to persons involved. A swift resolution will be the best for all parties."

RUBIS Bahamas Limited is preparing to open a new service station in Abaco as part of the company's aggressive plans for expansion.
"We recently entered into an agreement to purchase a station in Abaco, which we hope to make operational in a couple of months," said Stewart Gill, the company's general manager for the western Caribbean.
Gill said the company sees the Family Islands as an area with great potential, and as a result, RUBIS is working to develop its footprint. Last year, RUBIS reintroduced the provision of jet fuel to Abaco, supplying both airports in Marsh Harbour and Treasure Cay.
"We are selling at both the Marsh Harbour and Treasure Cay airports after Chevron left the business. So we think that adds a level of reliability for the jet market in Abaco that's growing. They have a number of important developments, like Baker's Bay and Schooner Bay," he noted.
"We have several commercial and industrial fuel accounts that are in development. We continue to develop our aviation business network. We have a few retail projects that are in the pipeline as well."
In March, RUBIS will embark on a new stream of business through the launch of lubricants.
Since acquiring Chevron's (formerly Texaco) fuel businesses last April, Gill pointed out that the company has been on an aggressive plan to grow its regional business. One of those successes, he said, was the Jamaica acquisition at the end of 2012, which will optimize its shipping capabilities to locations throughout the western Caribbean.
"This is a major addition to our network in the Caribbean and will have synergies for our business in the western Caribbean. What that will do for us is optimize our shipping between the Cayman Islands, The Bahamas and now Jamaica," Gill shared.
"Last year we spent several million dollars on capital projects across the western Caribbean. We have one service station and we purchased a number of vehicles, trucks primarily for The Bahamas and the Turks & Caicos. We built a large tank in Grand Cayman to service the utility business that we gained there."
In fact, plans are already underway to rebrand the Texaco stations to RUBIS during the third quarter of 2013.
"The design and planning for that is well underway. It's no doubt a major highlight for us," he explained.
"We have completed the first eight months of business under RUBIS. We have a very aggressive plan to grow the business this year with a number of projects in the pipeline. We had some good successes in the latter part of 2012."
RUBIS is targeting a double-digit growth this year after "cleaning up" its string of gas stations and boosting volumes in The Bahamas.

One of the pastors who pushed a yes vote in Monday's referendum said yesterday he was elated that lawyers for web shop bosses were successful in securing an injunction to block the shut down of their industry.
"I'm elated for the workers that they still have jobs," said Rev. Dr. Philip McPhee of Mt. Calvary Baptist Church.
"They can still pay their bills, take care of their children, put food on their table and also have dignity in their work places."
Meanwhile, another pastor, Kevin Harris, public relations coordinator for the Vote No campaign, said in a separate interview the web shop owners have a right to take the course of action they took, but insisted the government, including the Office of the Attorney General, should uphold the will of the thousands of Bahamians who voted.
"There should be an aggressive case made by the government," he said. "I'm not sure how it will play out. The prime minister said he will be consistent and we have to support him.
"If the people feel like going to the polls was a waste of time when you call on them the next time, will they come if they feel as if you didn't fight for them?
"...This proves this whole industry poses more questions than answers and we should demand a lot more information. People are going to watch what the government's next move is."
Prime Minister Perry Christie has previously said around 3,000 people are reportedly employed at web shops.
On Tuesday night Christie ordered an end to all web shop gaming in The Bahamas after voters on Monday overwhelmingly voted against the regulation and taxation of web shops, and the establishment of a national lottery.
Many web shops throughout New Providence were closed yesterday morning ahead of the injunction.
Senior Justice Jon Isaacs granted the injunction pending the outcome of the substantive issues in the case brought by attorneys Wayne Munroe and Alfred Sears on behalf of the group of web shop operators.
Munroe told The Nassau Guardian that the injunction "holds the status quo with regard the applicants before Justice Isaacs until the matter comes before the judge who will hear it".
He said the issues that will be tried are whether what the numbers bosses do is covered by the Lotteries and Gaming Act and whether that act is constitutional.
McPhee also said he supported the prime minister's decision to close the web shop industry down.
However, he later explained he does not support web shops being closed and workers losing their jobs, but he commended Christie's commitment to resolving the issue based on the will of the electorate.
McPhee said he is creating a register of web shop workers, which he intends to use to help them find employment in the event they lose their jobs.
He encouraged the Bahamas Christian Council to consider a contingency plan that would offer some relief to workers whose jobs are in limbo.
"I have gotten numerous calls from many pastors, who have said to me that we would ask for registration and seek to find employment as quickly as possible, because one day of unemployment feels like a lifetime," McPhee said.
"When you become psychologically unaware of where the next dime will come from that puts a tremendous stress on one's life."
McPhee was unable to project how many jobs he and his team would find.
He said he spoke to several web shop owners and inquired if they could hire employees in other businesses they own.
Asked whether there is still division between him and the Christian Council, McPhee responded, "We differ on some things, but on the welfare of the Bahamian public, I don't think we were on a different page."
He said he and Christian Council President Rev. Dr. Ranford Patterson have agreed to discuss the gambling issue and the latest developments, among other national matters.

The FNM's rapacious appetite for disrespecting Bahamians continues unabated.

Bradley Roberts National Chairman Progressive Liberal Party

Dr. Minnis, Cash and their co-conspirators met behind closed doors, behind the backs of Bahamians, with some of the very same Bahamians that they now call criminals. They drafted a Bill to legalize web shop gaming (called numbers) and they designed a regulatory and taxation regime. Facts show that in one year during the FNM’s regime the number of web shops licences granted almost doubled. In their usual cowardly fashion, they put off the Referendum until after the elections. Prime Minister Perry Christie kept his promise, gave Bahamians their wish, an opportunity to participate in and deepen our democracy and held the promised Referendum.

The hypocrites (FNM) then voted to silence Bahamians by voting against the Bill that empowered Bahamians to express their views, as called upon to do so, between Elections. The contempt for Bahamians continued when they voted against the deepening of democracy. They now seek to take away the heart of any democracy, the right to go to an independent and fair Court to adjudicate a matter.

The Government, deepening democracy, created the legal framework for Bahamians to make their wishes known on matters of national importance between elections. Openly, respectfully and transparently the Government acted upon the wishes of Bahamians.

The Bahamas is not a dictatorship. We believe that everyone within The Bahamas must submit to the authority of the Court. We respect the independence of the Court and its ability to make swift and fair decisions in the national interest.

Dr. Minnis and Cash, the surrogates of Ingraham have no credibility. Both of them, together with their mentor Ingraham, have been publicly seen as weak flip floppers. Both have no regard for Bahamians. Minnis sat in a Cabinet that presided over record murders, record numbers of people out on bail for murder, the largest cost overrun ever in our nation’s history ($100 Million dollars), record national debt and record youth unemployment.

They are now trying to wash the blood of more joblessness from their hands. They asked Bahamians to vote no. They are responsible for the possible loss of jobs for thousands of Bahamians. In their haste for payback for their 2002 Referendum loss, their political greed and avarice prevented them from seeing the consequences of their actions. They are now trying to back step and blame others for their lack of judgement.

The PLP, advised by the Attorney General, Allyson Maynard Gibson and Minister Gomez will not be distracted from the mandate given to them by the people of The Bahamas.