A CASH-crop farmer of Rosignol, West Bank Berbice has been awarded in excess of $3.1M after winning a lawsuit filed against the Mahaica Mahaicony Abary, Agricultural Development Authority (MMA/ADA) for trespass.

Walter Persaud, the farmer at reference,had moved to the Berbice High Court, after the MMA-ADA allegedly removed and took away a portion of his fence at the northern boundary of the said lot.

In doing so, the Authority left about a hundred pepper plants that Persaud had cultivated on the said land at the mercy of animals, looking for untended pasture on which to graze.

The Plaintiff had also testified, unchallenged, that the value of the fence that was destroyed was some $40,000 and that of the pepper plants that he lost as a result of the removal of the fence was $100,000.

Persaud, through his attorneys Messrs. Arudranauth Goosai and Murseline Bacchus, further claimed that the defendant continued to trespass on a part of the northern portion of his land, the equivalent of about half-a-house lot, which they’d been using as an access dam.

According to documents produced by the Plaintiff, up to May 2011, he was in physical possession of the Lot 83 Rosignol, Berbice land for which he held title by Transport No. 626 of 1995.

Mr Desmond Weekes, a sworn land surveyor, testified that he’d surveyed the disputed area on August 23, 2017 and prepared a sketch plan, which was tendered in Court as Exhibit “E”. He further testified that the area now being used as an access dam is 955.75 square feet in dimension.

In addition, Weekes gave evidence that he had previously surveyed the said Lot 83 Rosignol on June 6, 2011, and had prepared a plan which is recorded with the Guyana Lands and Surveys Commission as Plan Number 51149, otherwise referred to as Exhibit “C”. According to that plan, the northern boundary of the said land was not breached at that time.

The Defendant, through their attorney Mr. Hari Narayen Ramkarran, S.C., admitted to removing a section of fence from the northern area of the land. But according to its sole witness and General Manager, Mr Aubrey Charles, that section of land was acquired by way of the Mahaica-Mahaicony-Abary Development Authority Act, CAP 70:01 of the Laws of Guyana, hereinafter referred to as the MMA-ADA Act.

Mr. Charles testified that the area was surveyed by one Mr S. Deodat, a certified land surveyor, between December 28, 1995 and March 18, 1996 and recorded by the Guyana Lands and Surveys Commission as Plan No. 27563, tendered as Exhibit “F”.

Based on this plan, it appears that as a result of the construction of a secondary drain (BD-17) by the Defendant, the northern area of the Plaintiff’s land now used as a dam, as shown on Mr Weekes’ sketch plan (Exhibit “E”), was demarcated for such use by the MMA-ADA.

Further, Mr. Charles testified that as far as he is aware, the Plaintiff did not object to Plan No. 27563. However, the Court ruled that the Plan (Exhibit “F”) did not list Lot 83 in the “Area Schedule” as a portion of private property “vested” in the MMA-ADA as a result of the construction of BD-17, which clearly demonstrates that the Defendant did not even acknowledge that a portion of the Plaintiff’s land is or was being encroached upon in the scheme of the construction of BD-17.

Puisne Judge, Mr Navindra Singh, in his ruling, found that on a balance of probabilities, the Defendant did excavate the drain to the southern portion of Lot 83, and in so doing excluded the Plaintiff from access to the western part of that southern portion of Lot 83.
He also noted that the Plaintiff did testify that in the Rosignol area, a house lot is 4608 square feet (eight rods by four rods) and has a value of $1.5M. This evidence, the Judge noted, was not challenged.

Consequently, with respect to the portion of land at the southern part of Lot 83, the Court awarded the Plaintiff in the sum of $750,000.00 for the damage done to the land; and $1.5M for trespass and loss of use of the portion of land.

Further, Justice Singh, in his judgment, awarded to the Plaintiff against the Defendant in the sum of $3.14M, with interest at the rate of six per cent per annum from July 9, 2013 to October 20, 2017, and thereafter at the rate of four per cent per annum until fully paid.

Further, the Court granted a permanent injunction against the Defendant, its servants and or agents from entering upon or remaining on any portion of Lot 83 Rosignol, Berbice.
In addition, cost was awarded to the Plaintiff in the sum of $160,000.