Chief Justice dismisses case by Mocha Arcadia squatters

The last six squatters of Mocha Arcadia, East Bank Demerara, have lost their legal battle against the government after Chief Justice Roxane George dismissed their claims on Friday.

In the ruling, Justice George determined that the squatters – who had refused to vacate lands designated for the Heroes Highway project – had no legal claim to the land.

The land in question, Block ‘X’ Plantation Herstelling, East Bank Demerara, is state-owned and is being used for the construction of the vital highway.

The squatters had filed lawsuits in September 2023, asserting prescriptive rights to the land and seeking over $200 million in damages for alleged violations of their constitutional rights, including protection against inhuman treatment, deprivation of property, and arbitrary entry.

However, Justice George ruled that the squatters had failed to provide any substantial evidence to support their claims. The ruling emphasized that they had not established prescriptive rights to the property before the passage of the Title to Land (Prescription and Limitation) Amendment Act 2011, nor did they provide any credible proof of their alleged large-scale operations on the land.

Furthermore, the court highlighted that the squatters had been given ample notice by the Central Housing and Planning Authority (CHPA) to relocate, as the land was required for the national infrastructure project. Despite multiple notices, the squatters were the only group of over 150 families who refused to move, remaining on the property at their own risk.

The ruling also dismissed the squatters’ claims against GUYSUCO (Guyana Sugar Corporation), which was named as a defendant in the case. The court found that GUYSUCO had no ownership rights over the land since it had been transferred to the National Industrial and Commercial Investments Limited (NICIL) in 2017.

In addition to dismissing the claims, the Chief Justice awarded significant costs to the Attorney General’s Chambers, CHPA, and GUYSUCO, which the applicants are required to pay by 3rd June 2025.

The case sheds light on the ongoing issue of squatting on public lands and its impact on national development projects. The Chief Justice’s decision has wide implications for the treatment of individuals occupying government lands and sets a precedent for future cases involving squatting.

Legal representation for the Attorney General’s Chambers was led by Attorney General Mohabir Anil Nandlall SC MP, alongside Deputy Solicitor General Shoshanna V. Lall, and State Counsel Shania S. Persaud, Mohanie Sudama, and Marnice Hestick. The CHPA’s legal team was headed by Darshan Ramdhani KC, while GUYSUCO was represented by Kamal Ramkarran and Rafiq Khan SC.

The squatters were represented by attorneys Vivian M. Williams and Lyndon Amsterdam.