Court Slams CitCo in Coney Drive Land Dispute, But Gwen’s Stands

A legal fight over a narrow strip of land in Belize City has turned into a bigger conversation about property rights and who really gets a say. The Court of Appeal has ruled that the Belize City Council and the Ministry of Natural Resources overstepped when they leased and sold part of a road reserve along Coney Drive, land that sits in front of Ethel Thompson’s property. Thompson argued the deal blocked her access to the main road, and the court agreed, finding that her rights as a property owner were affected and even breached in the process. But while the ruling calls out the actions of the council and the ministry as unlawful, it stops short of undoing the sale. The land title stays put, and so does Gwen’s Kitchen, the business now operating on the site. Attorney Andrew Bennett says that, in the end, the decision still works in favor of the restaurant owner, highlighting just how complex this land dispute has become.

 

Andrew Bennett, Attorney-at-law

“The appellant Ms. Thompson was partially successful, but the thrust of her appeal was really to seek a remedy which would see the rectification of parcel 5116, that is the land where Gwen’s Kitchen is located. It is registered in Miss Flowers’ name, so the court declined to award that remedy. This appeal is very important, because what it does is reaffirm the principles established under the registered land act and that stems from the common law principles that under the registered land act there are certain things guaranteed. If you are a proprietor of a registered land you are assured by the state that your title is good. What is does as well is the registration of your title, there is something called curtain principle, you don’t have to look behind the registration of the title. So, in that regard, with the title in Miss Flowers’ name, that saddled her with constitutional right to property, one which cannot be interfered with unless under what is prescribed by act, in the absence of fraud or by mistake, a court would not order the rectification of a title.”

 

Tonight, the ruling raises a bigger question, could it impact other businesses on Coney Drive and kiosk owners on Mahogany Street with similar city agreements? Meanwhile, the court says Thompson deserves compensation from both the Belize City Council and the government and has awarded her partial legal costs.

 

Attention readers: This online newscast is a direct transcript of our evening television broadcast. When speakers use Kriol, we have carefully rendered their words using a standard spelling system.

 

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