CCJ Seeks to Determine Fair Compensation For Compulsory Land Acquisition  

The Caribbean Court of Justice today heard an appeal concerning a ruling handed down by Belize’s Court of Appeal back in March 2023. The appellants in the matter are the Attorney General and the Minister of Natural Resources and the respondent is Primrose Gabourel. Viewers may recall that back in 2017, the Government of Belize compulsorily acquired the Buttonwood Bay property. In 2023 the court of appeal ruled that Primrose Gabourel is entitled to over one million dollars in full and fair compensation. The appellants are now seeking to set aside that Court of Appeal decision. As we said, the matter was heard today before the CCJ. The Appellants are being represented by Samantha Matute while Godfrey Smith appeared on behalf of the respondents. Here is some of how that played out.

 

Samantha Matute, Assistant Solicitor General

“The fixed date claim that was filed, if your honor takes a look at the number one relief that is being sought, it says that the respondents is actually seeking damages for violation of the claimants rights under section seventeen of the Belize constitution to protection from depravation from its property, except by or under law by the unlawful taking of approximately one point three five acres of the claimant property. In response to this fixed date form an affidavit was filed on behalf of the appellants. In that affidavit there were certain admissions that would have been made and one of those been the compulsory acquisition of the respondents property and this would have occurred in February of 2007 and in addition to that admission being made, there was the admission that the government was ready to establish the land assessment board to make a determination of what would have been the just compensation due to the respondent.”

 

Godfrey Smith, Attorney for Respondents

“If the appellant’s appeal fails then this court affirms the judgement of the Court of Appeal will consequentially flow or perhaps this court can decide that it can do the valuation itself.”

 

The matter was adjourned for the CCJ to make a decision on the matter.