Paradise Island Lighthouse and Beach Club Company Limited v The Attorney General of the Commonwealth of The Bahamas (Bahamas)

Facts

The appellant, Paradise Island Lighthouse and Beach Club Company Limited, was incorporated on 4 June 2018 by Mr Toby Smith, a Bahamian citizen, as the vehicle to receive a proposed 21-year Crown lease of five acres of land on Paradise Island adjacent to the oldest lighthouse in The Bahamas. Mr Smith had applied to the Minister responsible for Lands and Surveys in April 2012 for a lease of 17 acres, intending to restore and maintain the lighthouse and to construct and operate recreational and entertainment facilities including a beach club. Following years of engagement with government departments, the Bahamas Investment Authority wrote on 23 May 2018 agreeing to recommend approval of a 21-year lease of five acres, and a Memorandum of Understanding was signed with the Antiquities, Monuments and Museum Corporation on 2 October 2018. On 7 January 2020 the Acting Director of the Department of Lands and Surveys sent the appellant a lease for execution; the appellant executed and returned it on 9 January 2020, but the Minister never signed. Told on 27 February 2020 that there was no agreement, the appellant commenced proceedings on 18 May 2020 seeking a declaration that a concluded agreement for a lease existed, or damages. The Chief Justice dismissed the claim and the Court of Appeal dismissed the appeal by a majority.