CCJ rules that Mortice land titles obtained by fraud

-orders that they be cancelled

The Caribbean Court of Justice (CCJ) yesterday ruled that two Mahaicony land titles were obtained by fraud and should therefore be cancelled.

The court in its judgment in the case filed by Chandra Ramotar Singh against Bhagwantlall Mossai and Alvin Alves concerning land at Lot 14 Mortice, Mahaicony River found that the appellant had the capacity to commence court proceedings for trespass and fraud, that he was not out of time for filing his 2003 action and finally, that High Court Justice James BovellDrakes was correct in cancelling the fraudulent titles.

Further the court, in deciding on an important point of procedural law, ruled that the Court of Appeal of Guyana “had no power to extend the time for the filing of an application in that Court for permission to appeal to the CCJ.”

The Trinidad-based final appellate court in a press release yesterday said that the court earlier in the day held that two land titles obtained by Mossai and Alves should be cancelled because they were obtained by fraud.

It was explained that although Singh did not have official title, he was in occupation of the land in 1989 when he agreed to buy the land from some of the heirs of the previous owner. The release explained that unknown to him, Alves, Mossai and his brother, Ramrattan Mossai, had conspired to defraud him.

In 1994, 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 Singh was the person in possession, granted Alves a declaration of title. Alves then sold the land to Mossai, the release said adding that when Singh became aware of these activities, he filed court proceedings against both men in in 2003.

In those proceedings he claimed damages for trespass and fraud but did not seek the cancellation of the fraudulent titles. Nevertheless, the trial judge, Justice Bovell-Drakes, having found fraud on the part of Alves, Mossai and Ramrattan Mossai, cancelled the fraudulent titles.

The CCJ in its release said that the Court of Appeal in Guyana, by a majority, then 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. It was pointed out that Justice Yonette CummingsEdwards, who was Acting Chief Justice at the time, did not agree with the majority.

Whether Singh’s failure to seek a cancellation of the fraudulent transports prevented the trial judge, Bovell-Drakes from setting aside the transports was one of the matters addressed by the CCJ.

In its decision yesterday, it noted that Cummings-Edwards CJ (Ag) relied in her minority judgment on the Rules of the High Court Order 23 rule 4. The CCJ

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