Court resolves Sum Sum Hill land dispute

A HIGH Court judge has ordered the tenants of four lots of land at Sum Sum Hill, Claxton Bay to immediately vacate so the true owner can take immediate possession.

Justice Avason Quinlan-Williams made the order in favour of businessman Jody Ali, who complained that the three tenants – Roxanne Persadee, Annmarie Sookdeo and Sharon John – had trespassed on his property.

In their defence, the three claimed they had had been in continuous occupation of the land with their families for several decades.

However, in her ruling the judge said Ali was entitled to immediate possession of the four lots of land, as the three failed to prove actual and continuous possession of the lots for 16 years or more, and Sookdeo and John admitted to being tenants.

“That ends the second and third defendant’s claim. Even if they were in possession, there is no evidence that their possession is superior to the claimant, who is the legal title-holder. There is no evidence of what their landlord let them and how they claimed the boundaries that they fenced.

“The defendants cannot succeed without satisfactorily proving that they were in possession. They have failed in that regard.”

In his lawsuit, Ali said the three trespassed on his property and erected a fence in 2018 enclosing all four lots.

The judge considered the report of expert chartered geomatics surveyor Paula Drakes, whose findings, the court said, conflicted markedly with the evidence of the three.

In finding that the three were mistaken about the boundaries of the lots, she also held they were motivated to prevent Ali from using the four lots to store containers and chemicals he used in his business, and not by an intention to retain possession of the lands.

In ordering judgment for Ali, she also granted an injunction compelling the three to deliver up vacant possession of the lands with immediate effect.

She also ordered them to demolish and remove the fence and any other structure on the four lots.

Persadee was ordered to pay Ali $5,000 in nominal damages for her trespass. Sookdeo and John were also ordered to pay the same amount.

They were also ordered to pay $4,500 in special damages and 1.24 per cent on those awards from June 14, 2018-May 2, 2024. They were also ordered to pay $14,000 in costs.

Ali was represented by attorneys Roger-Mark Kawalsingh and Ashely Roopchandsingh. Cedric Neptune and Auldric Neptune represented the three.