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Thursday, April 3, 2025

Battle for Culloden Estate

by

20110727

A bat­tle royale has bro­ken out in To­ba­go over a high­ly prized, hot­ly con­test­ed, un­de­vel­oped 148-acre es­tate on the lee­ward side of To­ba­go, which shel­ters two beach­es and which was re­cent­ly val­ued by a Cay­man Is­lands prop­er­ty com­pa­ny, Char­ter­land, as be­ing worth US$17 mill (TT$109 mil­lion). The fight for the Cul­lo­den Es­tate in­cludes three Eu­ro­pean-born res­i­dents of To­ba­go, the To­ba­go House of As­sem­bly and the state-owned bank, First Cit­i­zens. In one cor­ner is Patrick Dank­ou, who was born in Berlin to a Ger­man moth­er and a To­golese fa­ther. Dank­ou, a res­i­dent of To­ba­go for the last 16 years, bought the Cul­lo­den es­tate in 2000 from the So­bri­an fam­i­ly for US$2.2 mil­lion through his pri­vate com­pa­ny, Na­ture Re­sorts Ltd. About half of the mon­ey came from silent Ger­man in­vestors, Dank­ou says. He spent thou­sands of dol­lars and hun­dreds of hours on ex­perts to get ap­provals from the Town and Coun­try Plan­ning Di­vi­sion and the En­vi­ron­men­tal Man­age­ment Au­thor­i­ty to de­vel­op the es­tate as a five-star ho­tel project.

The ar­chi­tect, Mark Ray­mond, did a con­sid­er­able amount of work on the project. In an in­ter­view with the Busi­ness Guardian in To­ba­go on Sun­day, Dank­ou said that he was ap­proached by Chris James, a British-born, long-time res­i­dent of To­ba­go, in 2007. James, who owns sev­er­al tourism prop­er­ties on the is­land, told him that he had lined up some for­eign in­vestors who were anx­ious to in­vest in de­vel­op­ing the Cul­lo­den es­tate in­to a five-star, eco-re­sort. In March 2008, Dank­ou agreed to sell 75 per cent of Na­ture Re­sorts Lts to Christo­pher James and his busi­ness part­ner, Si­mon Paler, for US$2.75 mil­lion. Dank­ou says that part of the agree­ment was that he would re­ceive cer­tain perks in the arrange­ment such as an agree­ment that the pur­chasers would pay for his com­mer­cial pi­lot's li­cence and that Dank­ou's com­pa­ny Yes Tourism Ltd would be giv­en the con­ces­sions for the tour desk at the ho­tel, the car rental arrange­ments and the five-star PA­DI dive cen­tre.

Court doc­u­ments in­di­cate that James and Paler bor­rowed ap­prox­i­mate­ly US$2.3 mil­lion from First Cit­i­zens in or­der to pay for the ma­jor­i­ty stake in Na­ture Re­sorts, which would have giv­en them con­trol of the prized 148-acre es­tate. While monies from the First Cit­i­zens loan were used to pay US$1.3 mil­lion to Dank­ou's Ger­man part­ners, Dank­ou him­self on­ly re­ceived a Promis­so­ry Note for the sum of US$975,000. He says that the promis­so­ry note has not been ho­n­oured by the pur­chasers of the land. In a brief in­ter­view on Fri­day, James de­clined to re­spond di­rect­ly to charges lev­elled by Dank­ou, re­fer­ring all queries to his at­tor­ney. But he spoke gen­er­al­ly about the fact that land li­cence regime that the To­ba­go House of As­sem­bly had in­tro­duced in Feb­ru­ary 2007 had soured for­eign in­vestor in­ter­est in To­ba­go. The loan to James and Paler was se­cured by a mort­gage on the Cul­lo­den Es­tate.

First Cit­i­zens is claim­ing that the in­vestors de­fault­ed on the loan on or be­fore Oc­to­ber 31, 2010 and the bank is now claim­ing US$2.6 mil­lion from them. First Cit­i­zens has been try­ing to sell the es­tate since March this year and news re­ports out of To­ba­go in­di­cate that the THA is anx­ious to pur­chase the prop­er­ty for $19 mil­lion. On Fri­day, Dank­ou ap­proached the High Court in To­ba­go seek­ing to pre­vent First Cit­i­zens from sell­ing the land. Dank­ou is al­so in­sist­ing that the Promis­so­ry Note for US$975,000 at six per cent in­ter­est be ho­n­oured. The Busi­ness Guardian un­der­stands that both the British High Com­mis­sion and the Ger­man em­bassy have tak­en a keen in­ter­est in the mat­ter.


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