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W.B.D. woman wins repossession case against Central Housing Authority
Chief Justice (Ag), Yonette Cummings Edwards has handed down a decision which will prevent the Central Housing and Planning Authority, (CHPA) from repossessing the home of Guytrie Singh, a La Parfait Harmonie West Bank Demerara,(WBD) resident.
Singh was among several home owners who had moved to the court months ago, to stop CHPA from seizing properties from persons who were allocated Core Homes, under an IDB funded project of the PPP/C Administration.
CHPA had started a campaign to seize scores of house lots which the agency said had remained unoccupied with many of the owners migrating.
According to CHPA, the lands have been posing a problem in the numerous new housing schemes around the country with overgrown bushes and the security issues that come with it. Officers of CH&PA had therefore erected signs on the properties, stating that the properties are owned by CH&PA. In certain instances, the officials repossessed Transports and Certificates of Title.
Attorney Anil Nandlall
However, Singh through her Attorney, Anil Nandlall, had among other things, sought a declaration from the court that taking of possession of the agreement of sale and Certificate of Title in respect of her property situated at Lot 902 Plantation Westminster, La Parfaite Harmonie WBD, by servants and/or agents of the CHPA under the Ministry of Housing or any other Officer of the State, is in violation of her fundamental right and freedom as guaranteed by Article 142 of the Constitution of Guyana.
On Friday, 18th November, 2016, the Chief Justice (ag.) ruled that taking possession of the applicant’s Agreement of Sale and Certificate of Title in respect of property known at Lot 902 Plantation Westminster, Parfaite Harmonie WBD on the 23rd day of November, 2015, by servants and/or agents of the CHPA under the Ministry of Housing or any other Officer of the State, is in violation of the applicant’s fundamental right and freedom guaranteed to her by Article 142 of the Constitution of Guyana.
According to information outlined in the court document, the Judge also ordered a declaration that the summary forfeiture or expropriation or compulsorily acquisition or taking of possession of any land held by Transport or Certificate of Title on the ground that the Transportee or the Title holder is in violation of or has breached any term or condition contained in the agreement of sale is unlawful, contrary to and in breach of Article 142 of the Constitution of Guyana.
The court further noted that it is in breach of natural justice, arbitrary, oppressive, unreasonable, capricious, null, void and of no effect.
The court also granted a conservatory Order prohibiting servants and/or agents of the CHPA, under the Ministry of Housing or any other Officer of the State from entering upon, remaining, occupying or in any manner whatsoever interfering with the applicant’s quiet and peaceful possession, Lot 902 Plantation Westminster, Parfaite Harmony, WBD.
The applicant was therefore awarded $200,000 in damages.
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