Chief Justice (ag) Ian Chang has granted an injunction against Toolsie Persaud Ltd (TPL) restraining the company from trespassing on a portion of land at Turkeyen that has been enmeshed in a long running court dispute.
Guardian Trust and Investments Inc, which was identified in court documents as the owner of the land, approached the High Court seeking the order. The company stated that the land referred to as blocks ‘F’ and ‘G’ being parts of Area ‘C’ was in its possession, but that TPL had set up a physical presence there a month ago.
According to the court documents, TPL was carrying out excavation works on the northern boundary of Guardian Trust’s property.
In an ex-parte application by way of affidavit filed by attorneys-at-law Neil Boston and Fitz Peters earlier this month, Guardian Trust secretary, Raymond King said it purchased the land from Raymond Austin on October 1, 2004 and that it was later conveyed with Transport No. 75 of 2005.
A fence was later erected on the property after boundaries were identified.
The agreement of sale and purchase was entered into in June 2007 and the transport was advertised in the Official Gazette on April 19, 2008, but TPL filed an opposition to the passing of the transport in May this year. However, TPL did not file an action to follow up its opposition, King’s affidavit said.
King deposed that on August 11, 2008 he visited Area ‘C’ “where I saw the defendant’s workmen excavating the northern boundary along the façade of the property.” He added “I fear unless restrained by this honourable court the defendant will construct concrete works on the plaintiff’s land which is evidenced by the defendant’s conduct in excavating approximately 167 feet of the northern boundary of the property”.
In July, the Caribbean Court of Justice (CCJ) ruled in favour of TPL in relation to a section of land at Turkeyen that had been tied up in a marathon legal dispute dating back to 1989. However, TPL lost its claim to another section of land that the court said was always in possession of the State.
The land identified in TPL’s petition to the CCJ as areas, `F’, `G’ and `H’ was found to be within the lawful claims of the company in addition to an area identified as `C’. However, the court ruled that a complication arose with `C’ given that the previous owner, Shivlochnie Singh, had transported the land to Raymond Austin and that he was not a party to the proceedings.
“It is unfortunate that, given the inordinate length of time that these proceedings have been in progress, that is, some fifteen years, the final disposition of this case will still leave the appellant with another hurdle to cross if it is to succeed in securing title for area ‘C’, but this is a consequence of events over which we had no control,” the CCJ said in its decision.
Further, the CCJ said that if TPL wanted to challenge Austin’s right to retain his registration as legal owner of the land then it must do so in new proceedings.
King’s affidavit cited the relevant paragraph: “Any declaration to this effect, however, would have to be subject to the current state of the Register of Deeds in which Mr Austin is inscribed as the legal owner of area `C’ …If the Appellant wishes to challenge the right of Mr Austin to retain his registration as legal owner of the land, it must do so in new proceedings launched for that purpose”.
The current court action comes up again next month but TPL is expected to file an affidavit in answer before that hearing.
