Justice Simone Ramlall has awarded special damages of $5.3m among other reliefs to three farmers who had sued Region Five Chief Executive Officer Ovid Morrison in September 2018 for evicting them from their farms at Naarstigheid and Bath, West Coast Berbice.
On June 15th, after a hearing of the matter, Justice Ramlall issued the following orders
a. A declaration that the Claimants, Krishna Sewlall, Kristopher Sewnarine and Kaleel Jameer are entitled to remain in possession and occupation of the portion of land situate at Tract “X” of Block ‘1A’ and Tract “Y’ portion of Plantation of Naarstigheid, also known as Lot Number-ed seventeen (17), Bath, West Coast Berbice, Guyana, more fully described in Lease Registration Number MP No. 21/2/3225 with buildings and erections thereon unless and until their licence is terminated by the Regional Democratic Council, Region 5-Mahaica/Berbice;
b. A declaration that the Defendant’s (Morrisson’s) interference with the Claimants’ possession and occupation of the said land in the months of April and August, 2018 constitutes trespass by the Defendant;
c. A declaration that the removal of the structures, fixtures, trees, crops and plants on the said land by the Defendant, his servants, representatives, officers and or agents collectively and individually was illegal;
d. Special damages in the sum of $5,374,000;
e. General damages in the nominal sum of $100,000 to each of the Defendants for trespass;
f. An injunction restraining the Defendant by himself, his servants, representatives, officers and or agents collectively and individually and each and every one of them from entering or remaining, occupying, farming, bulldozing the land or in any manner whatsoever interfering with the Claimants’ quiet and peaceful use, occupation and enjoyment of the said land; and
g. Costs in the sum of $200,000.
Sewlall, Sewnarine and Jameer had secured an injunction in September 2018 against Morrison after he had moved to have them evicted from lands that they said they had planted on for years with the permission of the Region Five council.
In her ruling, Justice Ramlall noted that the defendant did not file witness statements within the time stipulated. The claimants’ evidence was therefore unchallenged was supported by the testimony of Region Five Chair Vickchand Ramphal.
The judge noted that the Claimants’ evidence was that they were farmers and members of the Bath/Experiment CDC Group. The land is owned by the Region 5 Regional Democratic Council (RDC) under a lease granted to it by the Government of Guyana. In the year 2000, a proposal was made by the group to the RDC for the creation of large scale cash-crop farms and a two-year lease was granted to the group. Funding for the project was sourced from the then Social Impact Amelioration Project (SIMAP). Although there was lack of clarity in the Claimants’ testimony regarding whether it was a lease or mere permission that was given and the lease was not produced, the judge said that the letter issued by G. Rutherford, the Regional Executive Officer (REO) at the time, refers to the grant of a lease.
The judge noted that the First Named Claimant had in fact been in occupation of a portion of the land since 1993. Further, the Claimants’ evidence was that in 2000 the RDC conferred its blessing on the occupation of the First Named Claimant and in 2005 he invited the Second Named Claimant to farm on the land which he did evidently with the RDC’s agreement. The Third Named Claimant began his occupation and cultivation in 2001 with the permission of Rutherford.
Upon the expiration of the two-year lease, the judge said that the Claimants continued to cultivate the land with the RDC’s permission.
In October 2016, Morrison, the current REO, demanded that the Claimants vacate the land and threatened to bulldoze their crops and forcibly eject them. The Claimants complained to the Chairman of the RDC, Ramphal, who, by letter dated 21st March 2018, instructed the Defendant to refrain from interfering with the Claimants’ occupation of the land. Upon the Claimants refusal to vacate the land, the judge noted that the Defendant entered and bulldozed their crops and structures in April and August, 2018.
The judge pointed out that the Clamaints’ evidence on the issue of occupation and permission was not challenged.
“I accept the Claimant’s evidence regarding their occupation and cultivation of the land. I considered that it was unchallenged by the Defendant in any material particular. I also accept the evidence of Ramphal, which supports the Claimants’ evidence of the history and circumstances surrounding their occupation and cultivation of the land.
“Given this evidence and there being none to the contrary, the Defendant had no authority to evict the Claimants from the land. The Defendant is merely the chief administrative officer of the RDC. There is no evidence that he was acting pursuant to the specific or general direction of the RDC (section 77 (3) of the Municipal and District Councils Act (“the Act”)) neither was he acting pursuant to any power or duty conferred upon or assigned to him by Part 1 of the Sixth Schedule of the Act or any other law. He was acting ultra vires his powers and as such his interference with the Claimants’ occupation of land was unlawful. The Defendant is therefore personally liable to the Claimants for damages for trespass”, the judge found.
The judge also ruled that in light of the evidence that the Claimants have been in occupation of, cultivating and developing the land with the RDC’s permission their position is that of mere licencees who are entitled to remain on the land until their licence is validly terminated by the RDC. They acquired no rights or interests in the land.
The Claimants had been seeking a declaration that they were entitled to sole and exclusive possession and occupation of the portion of land.
They had also been seeking general damages in excess of $5,000,000.
