The Attorney General and the Gibraltar/Fyrish Neighbourhood Democratic Council have filed a lawsuit against a Berbice resident, whom they accuse of fraudulently acquiring state lands.
In an application through which it is seeking to reclaim the Corentyene land, they are asking the Court for an injunction restraining Troy Thom (the respondent) and his servants and/or agents from going on, remaining, or occupying the property in any way whatsoever.
It also wants the court to restrain Thom from selling, mortgaging, transferring, disposing or in any way encumbering the lands.
The state is also hoping to be granted costs against Thom and any further Order the Court may deem just.
The Attorney General and the Gibraltar/Fyrish Neighbourhood Democratic Council (the applicants), through whom the suit was filed, argue that the lands in question—parcels 1, 2 and 5 which forms part of Plantation Courtland, East Coast Berbice with Block No. XIX on title 604 of 2019—had been knowingly acquired by Thom through fraud.
Attorney General (AG) Anil Nandlall SC and the NDC are arguing that the lands have always belonged to the state but because of certain “fraudulent misrepresentations,” made by Thom, Justice Melissa Robertson inadvertently granted him title back in March, 2019.
The applicants say that Thom unlawfully petitioned for title of the lands “with full knowledge” that they belonged to the state.
The AG says that Section 3(2) of the Title to Land (Prescription and Limitation) Act, bars proceedings for adverse possession of state lands, following an amendment to the Act.
The applicants claim that Thom’s application for title in respect of the lands was initiated more than eight years after the Act came into operation, which they point out would have made his application statute-barred from the inception.
Nandlall said that despite the clear legislative provision barring the acquisition of state lands by adverse possession, Thom proffered fraudulent evidence to the Court and obtained title.
On this point the AG said that the Order of Court pursuant to Thom’s Application—No. 6-LR of 2019— which was entered by Justice Robertson, was granted in breach of the Act “and is therefore void ab initio.”
Section 3(2) of the Act prescribes, “State land, Government land, land wholly owned by State entities including companies and corporations or in which the controlling interest is vested in the State and any land identified by law or on a plan drawn and approved in accordance with any law for reserves for the public interest and benefit or to any undivided or other interest in any land in this subsection is expressly excluded and shall not be acquired by prescription through adverse possession.”
The AG has deposed further that checks with both the Lands and Deeds Registries in New Amsterdam have revealed that the lands in question “are in a designated area which does not reflect a titular ownership and as a consequence remain state lands.”
He said that alternatively, parcel 2, being parts of Land Registration Area, Courtland in Block: XIX and Zone: Corentyne Coast, Berbice as shown on Guyana Lands and Surveys Commission Plan No. 19628 by government surveyor dated 1980-08-07 is clearly defined as “pasture” and as “private property” under the control of the Neighbourhood Democratic Council—again indicating that it belongs to the state.
Nandlall emphasises that Thom “unlawfully and fraudulently” obtained title for lands in “clear breach” of the Prescription and Land Registry Acts and the Rules of Court and has further fraudulently converted lands belonging to the state to his personal property.
The AG contends that unless restrained, Thom will continue to holding ownership to the detriment of the state.
It is against this background that the applicants are hoping to be granted the Orders sought.
