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Simplex wants PSU to vacate Hilltop

PSU HILLTOP 2

Simplex Design Company Limited are the legal owners of the Hilltop property in Belmopan and they are seeking to get the Public Service Union to vacate the land.  The Hilltop land has housed the union’s headquarters for many years but the Belmopan City Council sold the property to Simplex after the union failed to keep up with their lease. 

Simplex Design Company Limited are the legal owners of the Hilltop property in Belmopan and they are seeking to get the Public Service Union to vacate the land.  The Hilltop land has housed the union’s headquarters for many years but the Belmopan City Council sold the property to Simplex after the union failed to keep up with their lease.  The union has not been happy and had threatened the Belmopan City Council to take them to court.  The matter is now in the courts and according to Simplex’ attorney, Estevan Perrera, they are now looking to get a court order to have the union removed.

Estevan Perrera, Attorney for Simplex Designs

Estevan Perrera, Attorney for Simplex Designs: “Yesterday the claim was brought up for the hearing of an application that we had filled. We had filled an application in this matter for the second defendant being Simplex, the owner of the land, to be struck out as a defendant in the claim. If you recall it was a situation where the PSU had brought a claim against both the City Council as well as Simplex Designs and Simplex Designs is our client and we felt after looking at the claim form we felt that there was no pleadings or justification for the reliefs that were being sought by the claimant specifically that they were requesting that the title for Simplex be cancelled. Under our laws it is understood that the land certificate once you hold that that it’s considered an indefeasible title and under the same registered land act the only thing that can set aside or the only way the court can set aside a land certificate is if there’s a situation where fraud or mistake occurred. In our case there was no fraud or mistake pleaded against Simplex and such we maintained that there was no proper cause of action against our clients and as a result we filled the application. Fortunately we were successful in the application and the court agreed with our position and struck out the case as against the second defendant Simplex Designs.”

Reporter: Was there anything specifically said by the judge before it was struck out? 

Estevan Perrera, Attorney for Simplex Designs:  “He simply said that he agreed with our position and there were no cause of actions justifying the relief sought.”

Reporter: So what next with this case since you no longer have to be before the court ?

Estevan Perrera, Attorney for Simplex Designs: “Well it’s not that we no longer have to be before the court what it is is we have a counter claim that’s still before the court where we are seeking an eviction of the PSU from the actual property and so now the court will be proceeding with that part of the claim which is the eviction of the PSU and we are to return to court next week and the defendants in the counterclaim being the PSU they were provided with an opportunity to file a defense against our claim for the eviction.”

The PSU had filed the matter in the court in October 2019.  According to the union, the property was gifted to them under the Simeon Lopez administration; it is a claim that the Mayor has since refuted.

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