BELIZE-CCJ grants Belize man life interest in disputed property

PORT OF SPAIN, Trinidad and Tobago, CMC – The Caribbean Court of Justice (CCJ) has overturned lower court rulings in a land dispute between two brothers in Belize, granting one of them a life interest in a property he built and occupied for about 34 years.

In its judgment delivered on October 8, the court ruled for Ewart Robateau, who argued that his mother had promised him a life interest in the property if he built a house on a vacant lot in Belize City.

The court found that the lower courts had materially erred in their assessment of the evidence and were plainly wrong to grant his brother, Allen Robateau, possession of the property.

Ewart told the court he had relied on his mother’s assurance and financed the construction of the house where he raised his family and lived for approximately 34 years.

In 2017, their mother transferred title to Allen, who subsequently filed a claim in the High Court to recover possession of the entire property. The High Court ruled in Allen’s favor, and the Court of Appeal upheld that decision.

However, the CCJ found that Ewart’s evidence that he had built and paid for the house was uncontradicted. It also noted testimony from another brother that their mother had told her children about the promise she had made to Ewart.

The court concluded that the requirements for proprietary estoppel were met. The legal principle can prevent a landowner from going back on an assurance when another person has relied on it to their detriment, and it would be unconscionable to withdraw it.

The CCJ found that Ewart received an assurance of a life interest, relied on it by investing money in the property, and suffered detriment as a result. It ruled that it would be unconscionable for Allen to evict him.

The CCJ allowed the appeal and granted Ewart a life interest in the property.

Justices Maureen Rajnauth-Lee, Denys Arthur Barrow, Peter Jamadar, Chantal Ononaiwu and Chile Eboe-Osuji heard the appeal.

Mathew Morris represented Ewart Robateau, while Michelle Trapp Zuniga and Emmertice Anderson represented Allen Robateau.