JUDGMENT
MARGARET WELBOURNE (MRS.) JA
This is an appeal against the decision of the High Court dated 10th January, 2011.
In this appeal, the parties will be referred to as Plaintiffs and Defendants.
The Background
The Plaintiffs are husband and wife who are ordinarily resident in the USA. They averred that sometime in 2001, they purchased a piece of land known as Plot No. 109, Trasacco Valley, Adjirigano from the Defendants for the purpose of constructing a dwelling house.
In October, 2007, the Defendants agreed to construct a “Tailor - Made House” (the design of which was provided by the Plaintiffs) for a value in the sum of US$517,000 on the said Plot No. 109.
Pursuant to the said agreement, the Plaintiffs remitted the sum of US$190,000 (inclusive of a non-refundable deposit of US$20,000) in or about November, 2007 to the Defendants towards the construction of the said house. The Plaintiffs stated that the Defendants failed to acknowledge receipt of the remitted sum of UD$190,000 until Feb…