On Friday, arguments concluded in Mike Feinstein's challenge to the Stake Bank compulsory acquisition case. While judgement is expected in January, that's not the only land matter he has before the court.
Earlier this month, the High Court found Feinstein liable for fraudulent misrepresentation in a land deal with Beulah Sikaffy.
In 1993, the pair - who were family friends - entered into a verbal agreement for joint investment in a piece of land - 10 acres of seafront property. For her part, Sikaffy invested over 400 thousand dollars in exchange for her share of the investment. But in September, 2017, Mike Feinstein approached Sikaffy to say the land still had not been sold and offered to repay her investment monies - a total of 450,000 dollars. Feinstein agreed to the refund but only paid her 312,000 dollars. The court declared, quote, "After 25th September 2020, Mr. Feinstein refused or neglected to pay the balance of BZ$138,000 dollars."
But, Sikaffy later found out that Feinstein had in fact sold the land on 8th September 2017 for 1.18 million dollars and did not tell her anything. The judge says, quote, "In 2017, Mr. Feinstein knowingly offered to repay her investment, without telling her that the land was already sold or without disclosing the particulars of sale."
Justice Alexander concluded that Sikaffy was fraudulently induced to agree to a refund on her original investment. More damningly, the judge did not accept Mr. Feinstein's evidence as truthful.
The judge notes, "The allegation of fraudulent misrepresentation is against a respected figure within the Belizean society. It was supported by strong evidence against Mr. Feinstein.....he knowingly and dishonestly misled her into believing that the investment would benefit her..."
The judge found that "all the elements of fraudulent misrepresentation exist and are satisfied on the facts before me."
For his part, Feinstein claimed that Sikaffy had only entered into a share purchase agreement, not a property purchase one. And, fortunate for him, the judge only awarded Sikaffy the sum of $138,000 dollars plus 6% interest which is the amount that Feinstein had outstanding for her going back to the 2017 agreement. She is also awarded costs.
Feinstein's attorney was Magalie Perdomo and she told us she has not received instructions to appeal. Sikaffy was represented by Andrew Bennett.