The Freehold Land Being Lot Caribbean Shores/Belize Registration Section — Block 16 — Parcel 1116

• Jurisdiction: Belize
• Judge: Mansoor J
• Judgment Date: 17 May 2024
• Docket Number: CLAIM No.25 OF 2024
• Court: Supreme Court (Belize)

Between:

[1] In the Matter of the Freehold Land Being Lot Caribbean Shores/Belize Registration Section — Block 16 — Parcel 1116

and

[1] In the Matter of the Freehold Land Being Lot Orange Walk Registration Section — Block 4 — Parcel 1913

and

[2] In the Matter of Section 22 of the Law of Property Act Chapter 190 of the Laws of Belize, Revised Edition 2000

CLAIM No.25 OF 2024

IN THE HIGH COURT OF BELIZE

Sale of minor's property — Consent of court — Section 22, Law of Property Act (Cap 190), revised edition 2000 — Part 23 of the Civil Procedure Rules

Appearance:

Mr. Arthur Saldivar for the Applicant

DECISION

Mansoor J

1 This is an application for permission to sell two parcels of land belonging to a minor, Meng Haun Cheng. The applicant, Nan Liu Cheng, is the minor's mother. The application is made in view of the restriction in section 22 of the Law of Property Act (Cap 190), revised edition 2000, and is supported by an affidavit given by Nan Cheng. The application refers to rule 66.4 of the Civil Procedure Rules (CPR), which does not seem to apply to this proceeding. The application does not refer to any other provision of law.

2 The properties to be sold are identified as parcel 1116 – block 16 – Caribbean Shores/ Belize Registration Section situate along Applestar Avenue, Coral Grove, Belize City and parcel 1913 – block 4 – Orange Walk Registration Section.

3 In her supporting affidavit, the applicant, Nan Cheng says that her son is 11 years of age and that he is the beneficial owner of the properties sought to be sold. She states that she paid less than a hundred thousand dollars for both properties.

4 The applicant states that part of the income derived from the sale of the properties will be utilized to purchase properties of even greater value. The balance sum of the proceeds would be deposited in the minor's bank account.

5 The applicant states that there are offers to purchase the two properties at BZ$ 525,000.00 and BZ$ 48,000.00 respectively. She deposes that the properties are free of debt to any bank. The applicant's affidavit exhibits a draft purchase agreement bearing the names of the minor and the proposed buyer, the land certificates and valuation reports of the properties and the minor's birth certificate.

6 The land certificates show the minor as the registered proprietor of the lands. Nan Cheng, the applicant, and Chueh Cheng are shown as the parents in the minor's birth certificate, which gives the date of birth as 13 September 2012. On the day the application was supported, the minor's parents were in attendance virtually.

7 Section 22 of the Law of Property Act states that all estates, rights and interests in land belonging to and vested in an infant shall be incapable of being sold, disposed of, charged or transferred by him or the guardian of his estate, except with the previous sanction of the court.

8 The applicant's counsel did not refer the court to any provision that defines an infant or minor. The Families & Children Act (Cap 173) defines a “child” as a person below the age of eighteen years. The Interpretation Act (Cap 1) defines an adult to mean any person who has attained the age of eighteen years. Meng Haun Cheng is clearly an infant or a minor, with his date of birth given as 13 September 2012. He will turn 12 in September this year. The terms ‘infant’ and ‘minor’ appear to be used interchangeably in the Belize laws. The civil procedure rules use the term ‘minor”. The term contained in the application is ‘minor’, which will be followed in this decision.

9 Civil procedure rules concerning minors are dealt with by part 23 of the CPR. Rule 23.4 states who may be a minor's next friend. The court may appoint a next friend with or without an application. The rule states that a person who satisfies the...