FORMER bandleader Ian McKenzie has been ordered to pay costs to his ex-business partner Michael Antoine for his failed appeal of a judge’s ruling over a property which once housed the mas band Legends.
Last month, Justices of Appeal Peter Rajkumar, Maria Wilson and Ronnie Boodoosingh dismissed McKenzie’s appeal of Justice Frank Seepersad’s ruling of April 30, 2018. They ordered him to pay Antoine’s costs of $9,333.33.
The judges’ order was sent out to the parties by the Supreme Court registry last week.
In 2018, Seepersad had ordered the property sold at a minimum price of $2.5 million, but both men were given an opportunity to sell it privately, or, in default, by public auction.
McKenzie filed the lawsuit in 2016, challenging Antoine’s move to take control of 88 Roberts Street, Woodbrook, which the two had acquired in 2004 to house Legends, their now defunct mas band.
Antoine and McKenzie won five Band of the Year titles together before they parted ways in 2004.
After the judge ruled, the former partners were expected to agree on a real-estate agent and how the stamp duty was to be paid, so that the deed of lease could be registered.
At the time, they said they were each prepared to pay their portion of the stamp duty required for the lease, so they could sell the property.
McKenzie wanted the former Legends bandroom sold and to be given half the proceeds. He also claimed entitlement to whatever earnings the property would have made in rent.
However, in his ruling on occupational rent, the judge said McKenzie was not entitled to it, as he failed to establish this properly in his lawsuit. He also lost on his claim for an account of the rent and profits Antoine would have received from April 2004. Seepersad said the evidence was clear and undisputed that Antoine never received rent.
After the split, McKenzie and his wife Nina carried on the mas-making business under the name Genesis, while Antoine continued under the Legacy banner. Genesis stopped producing mas. At Carnival 2023, Antoine threated to withdraw from next year’s festivities because of what he said was disrespect to his band at the Queen’s Park Savannah, Port of Spain, when another band was allowed to skip the queue.
McKenzie was represented by attorney Farid Scoon. Attorney Tamilee Budhu represented Antoine.
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