Ramona Williams v The Attorney General of Belize

• Jurisdiction: Belize
• Judge: Nabie J.
• Judgment Date: 24 June 2024
• Docket Number: CLAIM NO. CV 537 OF 2023
• Court: Supreme Court (Belize)

In the Matter of Section 42(1) of the Law of Property Act, Chapter 190 of the Laws of Belize, R.E. 2020

And in the Matter of An Application for An Order of Declaration of Long Title by Jacinto Ciego

Between:

Ramona Williams

(Administratrix of the Estate of Jacinto Ciego)

Applicant

and

The Attorney General of Belize

The Commissioner of Lands

The Registrar of Lands

Respondents

CLAIM NO. CV 537 OF 2023

IN THE HIGH COURTS OF BELIZE

Appearances:

Ms. Payal Ghanwani for the Applicant

Mr. Jarvis Lou and Mr. Israel Alpuche for the Respondents

Nabie J.

1 The application is dismissed. The applicant has not shown the requirements of section 42(1) of the Law of Property Act in order to establish title by long possession. Therefore the applicant is not entitled to a declaration that Jacinto Ciego is by virtue of continued and undisturbed possession for upwards of 30 years the true owner of the fee simple interest in the land being described as ALL THAT piece or parcel of land situate piece of parcel of land situate on lands formerly known as Carib Reserve North Stann Creek being block No. 465 containing 5 acres which is more particularly described on Plan 48 of 1924.

BACKGROUND

2 Ramona Williams, the Applicant in her capacity as administratrix of the estate of Jacinto Ciego seeks by application filed on 29 ^th August 2023, pursuant to section 42 of the Law of Property Act and High Court Practice Direction No. 2 of 2011 and/ or under the inherent jurisdiction of the court the following orders:

• (i) A declaration that the estate of Jacinto Ciego is by virtue of continued and undisturbed occupation for upwards of 30 years the true owner of the fee simple interest in land being described as ALL THAT piece of parcel of land situate on lands formerly known as Carib Reserve North Stann Creek being block No. 465 containing 5 acres which is more particularly described on Plan 48 of 1924 (hereinafter referred to as “the Property”).

• (ii) An Order directing the Commissioner of Lands to execute all relevant instruments and do any necessary acts to convey and issue title to the Property to the Applicant within four weeks of the grant of this order.

3 The tenure of the Property was depicted in the applicant's first affidavit filed on 29 ^th August 2023. Damien Ciego died intestate on 21 ^st November 1925 and his estate was comprised of the Property. Damien Ciego's widow, Victoria Ciego obtained the grant of administration for Damien Ciego on or about 20 ^th December 1927. However, the widow died on 30 ^th April 1953 without distributing the estate of Damien Ciego. Thereafter, Zenon Ciego, the eldest son of Damien and Victoria Ciego farmed the Property until he died on 10 ^th October 1957 leaving behind a spouse, but no children. On 19 ^th September 1964, the widow of Zenon Ciego, Ercilia Ciego filed an indenture transferring the Property to Jacinto Ciego, as the sole surviving heir of Damien and Victoria Ciego. Thereafter, Jacinto made several improvements to the Property using it for the cultivation and farming. Jacinto's children helped with the improvements to the Property and the crops harvested were sold for the upkeep of the family. Jacinto Ciego died intestate on 3 ^rd June 1998, leaving a widow and nine children. Jacinto's widow, Atanacia died on 14 ^th August 2001. The children of Atanacia and Jacinto Ciego thereafter took control and possession of the Property. The children maintained the Property, paid the taxes and spent money on infrastructure. The daughter of Jacinto Ciego, Ramona Williams obtained a grant of administration dated 17 ^th August 2011. This grant is in the name of “Romona Williams”. In 2019, the children agreed to subdivide the Property for residential purposes. Upon a visit to the Lands Department, it was revealed that the Property had not passed properly from Damien to Jacinto Ciego. Accordingly, the instant application was filed.

4 In objection to the application for long possession, the Respondents filed two affidavits of Talbert Brackett, the Commissioner of Lands and Surveys in the Department of Natural Resources in the Ministry of Natural Resources, Petroleum and Mining (the Ministry). He deposed that his duties include the administration of national lands in Belize and to apprise the Minister with responsibility for Lands, of all issues in relation to land disputes and conflicts. The Respondents object to the instant application on several grounds namely:

• (i) That the information deposed to in the applicant's affidavit is hearsay as it does not say how she has knowledge of it.

• (ii) That the applicant has not proven her own possession or possession she could have derived from someone else.

• (iii) The applicant has not shown continuous undisturbed possession for 30 years. The applicant relies on possession from the parents, namely from Atanacia Ciego's death on 14 ^th August 2001 or earlier from Jacinto Ciego's death from 3 ^rd June 1998.

• (iv) That there is no proof that the applicant Ramona Williams is the daughter of Jacinto and Atanacia Ciego or that those persons passed away on those said dates.

5 The respondents' affiant also produced certain information relative to the application. The Governor's Fiat granting the Property in 1925 to Damien Ciego is exhibited. It was also asserted that no evidence was produced that Damien Ciego died intestate. In 1995, Jacinto Ciego submitted an Assent dated 1 ^st August 1995 to the Lands Office, where he vested the Property to himself. In 2019, one Romona Williams (not Ramona Williams) submitted an Assent dated 24 ^th April 2019 to the Lands Office issued with instrument No. LTU – 20190069, to vest the land to herself.

6 The applicant filed an affidavit on 9 ^th January 2023 1 in response to the Talbert Brackett's affidavits. The applicant deposes that she obtained the information that was set out in her earlier affidavit from her mother before her demise in 2001 and from her brother Peter Ciego, an older sibling, who was a teenager when Jacinto received the Property from Ercilia Ciego through an indenture dated 19 ^th September 1964. The applicant exhibited the birth certificates of the children of Jacinto and Atanacia Ciego and her social security card. The applicant also produced the Grant of Administration to Victoria Ciego, Damien's wife contrary to the allegation of the

respondent. It is the applicant's evidence that the Deed of Assent contained a typographical error “Romona” instead of “Ramona”. This document was rejected by the Lands Department. The Property is still registered in the name of Damien Ciego. The applicant retained the services of a researcher and a copy of the report on the title was exhibited to the second affidavit. This document will be referred to later on

LAW

7 Law of Property Act ( LPA) 2

• 42(1) Title to the fee simple in any land, or to an easement, right or privilege in or over any land, including land belonging to the Government, may be acquired by continuous and undisturbed possession of the land for thirty years if such possession is established to the satisfaction of the Supreme Court which may issue a declaration of title in respect of the said land, easement, right or privilege in favour of the person who had such possession.

• 42(2) The possession of some other person through whom the applicant for a declaration of title lawfully derived his possession may be taken into account in computing the period of thirty years possession required by this section

• 42(3) The application for a declaration of title shall be made in accordance with rules of court.

8 Practice Direction No. 2 of 2011 supplements section 42(1) of the Law of Property Act. The following parts of the Practice Direction is as follows: …..

• “4. Notice of the application for title shall be published by the applicant immediately after filing the application, in two consecutive issues of a newspaper circulating in the area where the land is situate, and may be published at least once in the Government Gazette; the notice must give the full description of the land, the full names and

  address of the applicant, and the date of the first hearing of the application.

• 5. The application, affidavits, and a copy of the published notice shall be served on occupiers of any adjoining land, a person or persons on the land without the permission of the applicant and the Commissioner of Lands; and a copy of the notice only shall be displayed on the land. The applicant shall file an affidavit confirming compliance with the foregoing.

• 6. The application shall be listed for a first hearing for the purpose of enquiring whether the procedure in this Practice Direction has been complied with, and for enquiring whether any notice of objection has been filed or any person objecting to the application has attended court, and any other matter arising or that the judge considers appropriate.

• 7. An objection filed late but before the court has heard the application does not bar the objector from being heard at the hearing of the application if he shows good reason for late filing of the objection.

• 8. A court order of a declaration of title to land made under s 42 of the Law of Property Act shall be transmitted to the Registrar of the Supreme Court to the Commissioner of Lands immediately”.

SUBMISSIONS OF THE PARTIES

APPLICANT'S CASE

9 The applicant submitted that as the law exists the grounds set out are simply that there must be shown 30 years of undisturbed possession and the procedures in the Practice Direction must be satisfied. By virtue of section 42(2) of the LPA, an applicant can show possession through another person for the purposes of computing time. This was contained in the affidavits of the applicant. The facts relied on are that since 1964 Jacinto Ciego, his wife and children have continued in peaceful and undisturbed...