Opposition Leader Draws for Mona Law Professor’s Legal Opinion

Today, the Leader of the Opposition called on his international legal connections to support his stance on the ownership of the U.D.P. headquarters. Shyne Barrow held a press briefing with attorney-at-law, Doctor Christopher Malcom, who is also a Senior Lecturer and the Director of the Mona Law Institute Unit. Doctor Malcom, who describes himself as an interested observer in this situation, shared his legal opinion that Phillipa Griffith Bailey does not have the authority to allow Tracy Panton and the Alliance for Democracy to take control of the U.D.P. headquarters through a transfer instrument. According to Doctor Malcom, the U.D.P. is the rightful owner of the property based on the land title.

 

Dr. Christopher Malcolm, Attorney – at- law

“From a legal perspective the UDP is an unincorporated association and what that means from a matter of law is that the UDP does not have the rights that you and I have or that a registered company for example would have, which enables it to have legal personality. However, not withstanding that it does not have that legal personality and cannot own things in its own name, what typically happens with an incorporated association, they may nevertheless be able to acquire property for their benefit. When that happens, it is ordinarily done by an office holder in a representative capacity, not with the office holder attaining any personal right, but instead doing so for the benefit of the membership of the association. Now, in this instance, as I understand it there is transfer of those premises that was done to the UDP as a body, and I have seen those relevant documents from the register of titles which suggest that those properties are properly owned, at least on the register, by the UDP. Whether the UDP could have owned it or not is immaterial for purposes of what I am about to say. What you cannot do is go behind what is recorded on a public document without a process being engaged to change that. In Belize you Torence system for registration of land, which is title by registration and the position with that is whatever appears on  tittle is taken to be accurate unless you are able to go through a legal process to have that position correct. What I have seen suggest beyond the shadow of a doubt is that the legitimate owner of that property is the UDP. As to whether there are legal issues with that or not is a different question, but it is not for any individual to seek to go against what is recorded on the title without the process of the court or some other legitimate body overturning what is there at the moment.”