— Mahaicony man to regain land

THE Caribbean Court of Justice (CCJ) overturned the decision of Guyana’s Appellate Court while upholding the High Court’s decision in a case of fraud –Chandra Ramotar Singh vs Bhagwantlall Mossai and Alvin Alves.

The Trinidad and Tobago-based Appellate Court, on Wednesday, ruled that the two land titles obtained by Bhagwantlall Mossai and Alvin Alves ought to be cancelled on the basis that they were fraudulently obtained.

The disputed plot of land is located at Lot 14 Mortice, Mahaicony River.
In a statement, the court explained that Singh did not have official title; however, he had occupied the land in 1989 when he agreed to purchase it from some of the heirs of the previous owner.

“Unknown to Mr. Singh, Mr. Alves, Mr. Bhagwantlall Mossai and his brother, Mr. Ramrattan Mossai, had conspired to defraud him. In 1994, Mr. Alves applied to the Land Court for title and fraudulently claimed that he was in possession of the land. The Land Court, being unaware that Mr. Singh was the person in possession, granted Mr. Alves a declaration of title. Mr. Alves then sold the land to Mr. Bhagwantlall Mossai,” the CCJ summarised.
Upon learning of the fraudulent transaction, Singh filed court proceedings against Alves and Bhagwantlall Mossai in 2003. He claimed damages for trespass and fraud, but did not seek the cancellation of the fraudulent titles.

The trial judge, Justice Bovell-Drakes, having found fraud on the part of Alves, Bhagwantlall Mossai and Ramrattan Mossai, cancelled the fraudulent titles.
However, the local Appellate Court, by a majority, declined to cancel the fraudulent titles, because among other things Singh had not asked for them to be cancelled in his claim and because the claim was out of time. Justice Cummings-Edwards, who was acting chief justice at the time, did not agree with the majority.

“The CCJ in its judgment found that Mr. Singh had capacity to commence court proceedings for trespass and fraud, that he was not out of time for filing his 2003 action and finally, that Mr. Justice Bovell-Drakes was correct in cancelling the fraudulent titles,” the CCJ ruled.
In making its decision, the CCJ also decided an important point of procedural law, that is, that Guyana’s Court of Appeal had no power to extend the time for the filing of an application in that court for permission to appeal to the CCJ.