The Big Smith News Watch

Main Menu

  • Home
  • News
    • Traffic
    • Regional
    • International
  • Politics
  • Government
    • Housing
    • Agriculture
    • Natural Resources
    • Public Infrastructure
  • Business / Travel
  • Sports
  • Letter

logo

  • Home
  • News
    • Traffic
    • Regional
    • International
  • Politics
  • Government
    • Housing
    • Agriculture
    • Natural Resources
    • Public Infrastructure
  • Business / Travel
  • Sports
  • Letter
News
Home›News›CCJ urges Guyana to reform Deeds Registry Act  

CCJ urges Guyana to reform Deeds Registry Act  

By Leroy Smith
26 February 2021
281
0
Share:

In an appeal filed by Merlene Todd vs Jennifer Price and Desiree Jeboo, the Trinidad-based Caribbean Court of Justice (CCJ), in delivering its ruling urged the Government of Guyana to urgently consider reforming the Deeds Registry Act.

Allan Price (now deceased) had owned the west half of Lot 153 Queenstown, Georgetown. In February 2004, Ann Jennifer Jeboo, claiming to act on behalf of Allan Price, used a Power of Attorney to sell the lands to Todd, who obtained a transport for it. It was subsequently discovered that the Power of Attorney was fake and Jeboo was convicted of fraud.

As a result, Price sued both Jeboo and Todd in Guyana High Court seeking to set aside the sale and have the transport declared void. Under the Deeds Registry Act, a person loses his or her land once a transport is registered at the Deeds Registry unless fraud is proved on the part of the holder of the new transport.

Allan Price died in 2010 and the proceedings were thereafter carried on by his widow, Desiree Price, on behalf of his estate. On 30 August 2012, the trial judge dismissed the action against Todd but awarded damages to the estate of Allan Price against Jeboo.

Desiree Price appealed this decision and asked the Guyana Court of Appeal to find that Todd was a part of the fraud. Todd resisted the appeal on the ground that High Court proceedings had not been conducted on the basis that she was a part of Jeboo’s fraud. On the16 March 2020, the Court of Appeal allowed the appeal and found that Todd’s gross negligence made her a part of the fraud. The court declared that the transport was null and void.

Todd appealed to the CCJ arguing that the Court of Appeal was wrong to find that she was a part of the fraud. She asked the CCJ to set aside the Court of Appeal’s decision and restore the trial judge’s decision. In delivering its ruling, the CCJ found that there was no allegation before the trial judge that Todd was part of Jeboo’s fraud and that she had, therefore, not been given an opportunity to defend herself against these allegations.

Taking this into consideration, the regional court said it was therefore unfair to allow those allegations to be made at the appellate stage of the trial. The CCJ Judges held that gross negligence was not the same as fraud and that, in any case, Todd had also not been given the opportunity to respond to allegations of gross negligence.

In these circumstances, the CCJ ruled that the Court of Appeal was wrong to find that Todd was a part of the fraud. The Justices further observed that the Court of Appeal also made errors in the way in which it conducted its fact-finding exercise and was not entitled to overturn the findings of fact which were made by the trial judge. Finding that the original landowner had been deprived of his land through no fault of his own, CCJ Judge Winston Anderson expressed that this case showcased the need for legislative reform.

Moreover, CCJ Judges Jacob Wit and Peter Jamadar both reasoned that the approaches to the law as well as the outcome of this appeal did not seem satisfactory or just. The Justices suggested that there may be other legal approaches that could have resulted in different outcomes and explored those possibilities.

According to the Judges, the legislature should review and amend the Deeds Registry Act to refine or improve the law to meet the needs of current land law realities in Guyana. Justice Jamadar also suggested that the Deeds Registry Act needs to be reviewed and an assessment made whether it passes constitutional muster in Guyana, and if not, what modifications are required to do so, explaining why this should be done.

Merlene Todd’s appeal was therefore allowed, and the orders of the Court of Appeal of Guyana set aside and the Orders of the Chief Justice restored, including the order as to costs.

 

Post Views: 288
Share on Facebook Share
Share on TwitterTweet
Share on Pinterest Share
Share on LinkedIn Share
Share on Digg Share
TagsAllan PriceCaribbean Court of JusticeCCJ Jacob WitCCJ Peter JamadarChief JusticeDeeds Registry ActDesiree JebooDesiree PriceJennifer PriceJudge Winston AndersonMerlene Todd
Previous Article

Manickchand blasts APNU+AFC over failure to complete ...

Next Article

$890M budgeted for repairs, replacement of 20 ...

0
Shares
  • 0
  • +
  • 0
  • 0
  • 0
  • 0

Related articles More from author

  • Community ReportFeaturesNews

    Confirmation of Chancellor and Chief Justice held up by politics

    11 December 2020
    By Leroy Smith
  • News

    CCJ dismisses company law case from Guyana

    26 June 2021
    By Leroy Smith
  • DPP's power to overturn magistrates decisions not sitting well with the CCJ
    News

    CCJ sets Nov. 11 to hear Marcus Bisram’s appeal against his committal for trial

    23 September 2021
    By Leroy Smith
  • News

    Local airline operators ask CCJ to quash renaming of Ogle Int’l Airport

    19 January 2021
    By Leroy Smith
  • News

    APNU/AFC appeals election petition dismissed last month by Chief Justice

    3 June 2021
    By Leroy Smith
  • News

    Decision in police promotion case likely by June 18 – Chief Justice George

    24 May 2021
    By Leroy Smith

You may interested

  • Crime / SecurityInternationalNewsRegionalTravel

    Mojtaba Khamenei becomes Iran’s Supreme Leader

  • Crime / Security

    Hicken leads Joint Services visit to Mabaruma

  • Soldiers who robbed and murdered Dwieve Kant Ramdass now crying for justice
    Crime / Security

    Soldiers who robbed and murdered Dwieve Kant Ramdass now crying for justice

Connect Us

  • Envato
  • 279.5K+
    Likes
  • 4.5K+
    Followers
  • Subscribers
  • Followers
  • Subscribe
    RSS Feeds

Latest News

Crime / SecurityInternationalNewsRegional

U.S. intercepts sanctioned oil tanker carrying Iranian oil 

April 23 2026 The United States military has seized a sanctioned oil tanker accused of transporting Iranian crude, marking a significant escalation in ongoing maritime enforcement operations tied to Washington’s ...
  •  Leonora Housing Development finalize sale agreement

    By Savitri Laikram
    23 April 2026
  • “Lucky C” in hot water after confrontation at Registry

    By Savitri Laikram
    22 April 2026
  • IHRSSF Director spotlights strategic security at UG Career Fair

    By Savitri Laikram
    22 April 2026
  • ECD Police find four firearms in three days

    By Savitri Laikram
    22 April 2026

FeedBurner Widget

Sign up to receive email updates and to hear what's going on with our magazine!

About US

logo

BIG Smith News Watch was established in 2015 and is recognized by the Guyana press Association as a legitimate media outlet in Guyana. Our operation focuses more community, human interest and developmental issues. We also do focus on matters of crime, security, business, politics and current affairs. The entity is headed by Leroy Smith, a practicing journalist with experience in news gathering, reporting and coverage spanning seventeen years. Mr. Smith joined the media 2005 and worked at several media housing before launching BIG Smith News Watch in 2015.

  • +592-705-8780
  • bigsmithnewswatch35@gmail.com
  • Popular Posts

  • Lance Corporal dies days after fight with police sergeant

    By Leroy Smith
    8 May 2019
  • Nonummy suspendisse hendrerit ultrices

    By DesignUTD
    26 August 2015
  • 21 Year Old mechanic busted with cocaine pellets in hotel room

    By Leroy Smith
    27 April 2019
  • Bandit shows up to robbery with ‘one bullet’; shot dead by security guard

    By Leroy Smith
    30 April 2019

Follow us

© Copyright www.bigsmithnewswatch.news. All rights reserved.