Yesterday afternoon, the trial of Progresso Heights Limited resumed before Justice Courtney Abel. Progresso Heights Limited, a real estate company, is suing Wilfred Elrington, a former shareholder, for placing cautions against its properties. The cautions prevented the company from selling its properties and eventually led to its bankruptcy. In addition to Wilfred Elrington, the company is also suing the Registrar of Lands for failing to remove the cautions when requested by the company. After the court hearing, Senior Counsel Eamon Courtenay gave Love News a synopsis of what transpired in court.
Eamon Courtenay, Attorney: “Well this afternoon we were arguing whether or not the registrar should be liable in addition to Mr.Elrington and we argued that we had applied for the cautions to be removed from the land of Progresso Heights and the registrar refused to do so. The registrar didn’t give any evidence, she didn’t testify and soe there’s no explanation before the judge as to why she did not remove the cautions. In those circumstances we asked the judge to find that both Mr.Elrington and the registrar are liable. It turns out that the registrar counsel relied on some Jamaican cases but we were pointing out to the judge just now that the law in Jamaica is very different than the law in Belize. In the law in Belize there is a duty on the registrar to consider whether the caution is lawful and when somebody has applied for it to be removed to have a hearing there was no such hearing and so in those circumstances we are asking for damages also against the registrar. From 2010 it cannot sell any land and this was it’s business, it’s been completely tied up by Mr.Elrington for all this time and the company is now out of business. He has destroyed an extremely profitable company out of malice and spite.”