Three Berbice cash crop farmers have moved to the courts seeking in excess of $10M in damages and an injunction against a move by Regional Executive Officer (REO) of Region 5, Ovid Morrison, to evict them from farm lands they have owned for the past 16 years.
The applicants—Krishna Sewlall, Kristopher Sewnarine and Kaleel Jameer are contending that after investing millions to develop the Naarstigheid and Bath, West Coast Berbice lands, on which they were granted permission by the Regional Democratic Council to farm some 16 years ago, Morrison is unlawfully ordering them off.
The farmers said that despite their pleas with Morrison and lodging several complaints against him with the Regional Chairman, he continues to trespass on their land while threatening to bulldoze their crops and forcibly eject them.
In court documents seen by this newspaper, the farmers said they received a letter dated 21st March, 2018 from the Regional Chairman of Region 6, Vickchand Ramphal addressed to Morrison informing that the Council never made a decision to evict farmers and that he should immediately desist from all acts of forceful eviction or damage to crops.
The applicants are arguing that to the best of their knowledge, the position of the Regional Democratic Council (RDC) has not changed, while stating that Morrison and/or his agents continue to wrongfully, unilaterally and illegally excavate their land.
The directives they explained, have fallen on deaf ears.
Describing themselves as members of the Bath/Experiment CDC group; the applicants said that in the year 2000, they proposed a project to the RDC for creation of large scale cash crop farms on the lands and for which they were granted leases for two years.
That same year, they said the CDC group applied for and was granted financial aid by the Social Impact Amelioration Project for the purpose of developing a large scale cash crop farm.
Since the expiration of those leases, however, the applicants said they have been farming and occupying the lands in question with the permission of the Region 5 RDC.
They said that at all material times they have been farming on the lands which they have developed into prime property with cured soil, prepared for the purpose of large scale farming.
They deposed that over the years, they have applied for and received several grants and other forms of financial aid from international organizations and members of the Diplomatic Corps, which were used to develop new systems of farming, infrastructure and farmhouses.
According to the applicants, at no time was their property compulsorily acquired nor have they ever given any party permission to enter, clear, farm or build on it.
The farmers said their woes with Morrison and his threats began in October of 2016, when he requested that a group of approximately 50 farmers including them, vacate their farmlands.
They said that sometime in April of this year, Morrison and/or his agents wrongfully and unilaterally decided to enter their land and cut down, or caused to be cut down and removed crops.
They said the REO also caused the bulldozing of a portion of their land thereby damaging a variety of cash crops including but not limited to sweet peppers, lettuce, eschallot, plantain, banana and calaloo resulting in financial losses.
As recent as the 6th of last month, the farmers said that Morrison and his agents again went onto their lands with two excavators and flattened another portion of the land continuing to damage crops.
According to the applicants, the very next day Morrison and his agents went back on their farms and destroyed two wooden farmhouses together valued at $1.1M.
The farmers have said in affidavits supporting their application that Morrison, without notice, just cause, or permission from the RDC continues to wrongfully bulldoze and flatten their land, damaging crops and depriving them of the use and peaceful enjoyment of their property.
They have explained that the produce of their farms, which they sell, is their livelihood and only source of income and against that backdrop are seeking the court’s intervention to resolve the matter.
Pegging their financial losses at in excess of $5M, the farmers said that in addition to their farmhouses and crops, the REO is also responsible for destruction of their water hose system and other infrastructure, noting that he continues to bulldoze and harvest their produce.
Advancing that it will take decades to recoup lost profits, the applicants are arguing that damages would not be an adequate remedy, while noting that they stand to suffer irreparable harm if the injunction being sought is denied.
They are asking the court for an injunction restraining Morrison by himself, his servants, representatives, officers and or agents collectively and individually and each and every one of them restraining whomsoever and however from continuing to enter upon, remaining, occupying, farming, bulldozing or occupying in any manner whatsoever interfering with the quiet and peaceful use, occupation and enjoyment of their land.
Additionally, they are seeking court costs and all other orders which the court may deem just to make.
In their statement of claim, the farmers are seeking declarations from the court that they are entitled to sole and exclusive possession and occupation of their lands and that the farming, bulldozing or occupying in any manner whatsoever constitutes trespass.
They are also seeking a declaration that the removal of the structures, fixtures, trees, crops and plants on the lands by the REO, his servants, representatives, officers and or agents collectively and individually is illegal.
The applicants are asking the court for special damages in the sum of $5,374,000 and general damages in excess $5,000,000 for trespass.
The farmers are being represented by attorney Anil Nandlall. Their matter is fixed for hearing before Justice Navindra Singh on September 24th at 9am.
