The Grenada High Court has handed judgment to Grenadian Jerome De Roche who on 12th October 2018 filed a lawsuit against the National Lotteries Authorities in Grenada claiming the sum of EC$540,000.00 in “trust” for the Claimant for the jackpot of the Super 6 prize which took place on Saturday 4th, November 2017.
The claimant, (Mr. De Roche) in his statement of claim filed on 12th October 2018 says that on Friday 3rd November 2017 he purchased a Super 6 Lotto ticket from an agent of the National Lotteries Authority(Lotteries Authority)at Parris Pharmacy in Grenville, Saint Andrew for a draw on that same date.
The draw instead took place on Saturday, 4th November 2017, and the winning prize of $540,000.00 was announced. Mr. De Roche visited the lotteries Authority’s outlet in St. George’s and recognized that the numbers drawn for the Saturday drawing were the numbers he had played. He presented his ticket but was informed by theLotteries Authority’sagent that the Friday ticket was invalid as the draw was canceled. Upon further inquiries, Mr.De Roche discovered that the information given by the agent was misleading, but by then he had lost his ticket.
Mr.De Roche avers he made contact with the Lotteries Authority through its manager who informed that it would not be able to consider his claim without producing the winning ticket before the expiration of three months. Closer to the expiration of the three-month period, Mr. De Rochereturned to the Lotteries Authority to again claim his prize money. However, the Lotteries Authorityrefusedto pay him the winning sum of $540,000.00.
Mr. De Rochestates that the Lotteries Authority breached its duty as a constructive trustee to act honestly and in good faith and pleaded particulars of a series of fraudulent actions designed to mislead and deprive him of his winnings. Mr. De Roche, therefore, claims for special and or general damages for breach of contract and/or an order directing the lotteries Authority to pay the said sum of $540,000.00 held on trust for him together with interest, costs, or other reliefs.
The Lotteries Authority in its defense filed on 12th November 2018denies that it is in breach of contract. The Lotteries Authority avers that the lottery ticket is a bearer instrument and constitutes the only proof of a bet and the terms of the contract are endorsed at the back of the lottery ticket. The ticket, together with a valid signature and identification, must be presented in order to claim the prize within 90 days unless the Manager of the Lotteries Authorityotherwise directs.
The court ruled that the claimant, (Jerome De Roche), is entitled to the sum of $540,000.00 being special damages suffered upon the Lotteries Authority’s breach of contract in failing to pay the winning prize in Super Lotto Draw No. 1761 which took place on 4th November 2017 and interest on the sum of $540,000.00at three percent (3%) per annum from the date of the filing of the claim until judgment and at the rate of six percent(6%) per annum from the date of the judgment until satisfaction.
Attached is the judgment.
https://www.eccourts.org/jerome-de-roche-v-the-national-lotteries-authority/