A commercial landlord can be held responsible for damage caused to tenants’ property by a plumbing failure, the Court of Appeal has ruled, overturning a High Court decision and clearing the way for compensation claims by two Marabella owners.

In a split decision delivered on Wednesday, a three-judge panel led by Chief Justice Ronnie Boodoosingh, with Justices of Appeal Nolan Bereaux and James Aboud, found that although the landlord was not negligent, it was liable under the law of private nuisance.

The case stems from a December 2018 flooding incident at Allum’s Shopping Centre in Marabella, where water from an upstairs unit seeped into several businesses below, causing extensive losses.