In land dispute…
THE Caribbean Court of Justice (CCJ) has dismissed a petition by Subhas Ramdeo against a decision of the Guyana Court of Appeal in a land dispute.

The appellant was ordered to pay $350, 000 costs to the respondent, Dharamlall.

Ramdeo, in April 1993, had bought two parcels of land at Inverness, West Coast Berbice, from the registered proprietor, Dharamlall.

The buyer paid half the purchase price and was given possession but, in May 1993, Dharamlall’s wife filed an action against him, seeking a declaration that she was entitled to one half of the land and that the agreement between her husband and Ramdeo was illegal.

The actions led to a High Court Judge ruling that went against Ramdeo and he moved to the Guyana Court of Appeal which set aside the first judgment and the matter was taken to the CCJ.

In its recent written decision, the CCJ upheld the decision of the Guyana Court of Appeal and said a Court may order rectification of the register against a registered proprietor, if his registration had been obtained by reason of an entry procured by fraud.

The CCJ pointed out that, in a democratic society where the rule of law prevails, it is fundamental that, if a plaintiff seeks to establish a factual basis for allegations that a defendant deprived him, the former must, in his pleadings, specify precisely the nature of the accusations and, in the instant case, no such were pleaded nor particularised.

The CCJ further held that Ramdeo failed to protect his interest and did not file a caveat as required under the Land Registry Act.

Mr. Khemraj Ramjattan, Mr. Neil Persram and Mr. Dave Persaud represented the appellant while Mr. R.N. Poonai, Mr. R. Satram and Mr. C. Satram appeared for the respondent.