McLiberty v Arnold et Al

• Jurisdiction: Belize
• Judge: Shanks, J.
• Judgment Date: 11 April 2000
• Court: High Court (Belize)
• Docket Number: 290 of 1998
• Date: 11 April 2000

High Court

Shanks, J.

290 of 1998

McLiberty

and

Arnold et al

Appearances:

Ms. Merlene Moody for the applicant.

Mr. Denys Barrow for the defendants.

Practice and procedure - Enforcement of judgment — Application for an order of sale of land fraudulently transferred by second defendant — Finding that the plaintiff was entitled to a charge over the land which constituted an overriding interest under section 31(1)(e) of the Registered Land Act — Order for sale granted.

Shanks, J.

1 This is an application for an order for sale of a large parcel of land (No–440) to enforce a judgment obtained in action 290 of 1998 by Mr. Mcliberty against Michael Arnold and Corozal Free Zone Development Ltd. In a previous case, I ordered that the transfer of that parcel of land by Corozal Free Zone Development Ltd. to a company, Best Lines Ltd., was done with intent to defraud creditors and that the transfer was void. Parcel 440 is therefore now the property of Corozal Free Zone Development Ltd. That company represented by Mr. Dons Waithe, does not oppose the making of an order of sale so enforce the judgment.

2 However, a Mr. John Trummer, Jr. who is represented by Ms. Merlene Moody has applied and been joined as defendant in the action and clams a right over a small section of parcel 440 and he says that there shouldn't be an order for sale or that any order for sale should be subject to his rights. The right that he claims comes about because on the 28th of May, 1999, he agreed...