Supreme Court
Action No. 42 of 1980
1st December, 1982
Moe, C. J.

Mr. M.C. Young, for the Plaintiffs
Mr. Dean Lindo S.C., for the Defendant

Real Property - Trespass - Application for possession - Damages for trespass (though no special damages pleaded) - Mense profits until possession delivered.

J U D G M E N T

The Plaintiffs seek to recover from the Defendant possession of a portion of their land known as "Bamboo Bank" at Hattieville-Freetown Road, an order that the Defendant remove a fence which he has built on the said land, and damages for trespass. They claim that in September 1979 the Defendant entered on the land and took possession of a portion of it, erected a fence thereon, burnt part of the land causing damage, grazes cattle and horses on the portion and continues in possession. The Defendant denies that he trespassed on the Plaintiffs land and claims that the land that he is in possession of is the property of the Government of Belize and he is on that land by the command and authority of the Government of Belize.

The first Plaintiff gave evidence that the portion of land is his and forms part of an area called "Bamboo Bank" which he bought from Alan Garnett. He put in evidence a deed of conveyance of land called "Bamboo Bank" from Alan Garnett to the first Plaintiff and a plan on which was indicated the portion of land in dispute. The plan was prepared by a surveyor (a) from titles the Plaintiff gave him, the conveyance, points shown by the Plaintiff and another person who was familiar with the land; and (b) in accordance with customary practice of running certain distances. One witness Emmanuel Oshon who is the Chairman of the Freetown Village Council and owner of property adjoining the Plaintiffs' land to the west and familiar with the Garnett's property gave evidence that the area of land concerned was an area in respect of which Government had to get permission to put a road which was built in the 1960's. Further after the road was built, Mr. Garnett continued to exercise rights of ownership on that land by planting coconuts, mangoes and plums as before. Another witness Samuel Young a member of the Village Council and formerly Village Chairman, who was also familiar with the Garnett's property, gave evidence that the plan survey represents land which one Alan Garnett owned. He lived in the area for some years. He also gave evidence that Mr. Garnett gave permission for Government to build the road on his land. He also said that Mr. Garnett planted along the area in dispute.

The Defendant in his evidence admitted that he occupies a portion of the land shown by the plan and referred to as indicted above, that he has fenced it, that he burnt a portion, that he grazed cattle and horses on it and grew a garden. He maintained that he occupies that portion with the permission of the Government. He leased from Government ten acres of land and that area was indicated to him by a surveyor as forming part of the land. There is in evidence however a letter sent to the Defendant by Government from which I draw the inference that the Defendant does not occupy that portion of land with the permission of Government. The said letter also reinforces the evidence given on behalf of the Plaintiff that the portion of land concerned is theirs.

I am satisfied on all of the evidence that the Plaintiffs are owners of the portion of land in dispute and that the Defendant wrongfully took and remained in possession of it. He has also wrongfully caused damage thereon. He must pay the Plaintiffs damages.

He has been in wrongful possession now for three years, has grazed his animals on the land, has grown vegetables on it, and damaged some trees. No special damages were claimed nor any evidence given as to values. But doing the best I can I award $1,000.00 damages.

The Plaintiff will thus have (1) an order for the possession of that portion of their land which the Defendant occupies; (2) an order that the Defendant forthwith pull down and remove the fence he has erected on the Plaintiffs property; (3) $1,000.00 damages for trespass; and (4) Mesne profits at $20.00 per month until possession is delivered.

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