The Court of Appeal on Wednesday ruled that Digicel trespassed when it constructed a communications tower on land in Freeport, overturning a High Court finding and ordering Digicel to compensate the landowner’s estate. The amount of damages will be assessed by a Master in Chambers.
Appeal judges Nolan Bereaux, Mark Mohammed and Geoffrey Henderson delivered the decision in a 36-page judgment authored by Bereaux, who found the trial judge erred in concluding the tower was not on land leased to Surajdai Rawti Salazar.
The court noted that although the land was sold in 1960, it was only registered in 2014. Bereaux said the registration delay was not decisive—despite questions raised about the document’s authenticity—and that the case turned on documentary evidence that corroborated Salazar’s claim.
After Salazar’s death, her stepson, Harry Joseph, pursued the action, alleging Digicel trespassed and seeking damages and mesne profits of $8,000 per month from January 2006. Joseph was represented by Yaseen Ahmed and Tara Lutchman; Digicel’s counsel were Joan Byrne and Nigel Campbell.
Digicel told the court it had leased the site from Miguel Mechanical Services Limited and, believing that company owned the land, erected the tower without seeking Salazar’s permission. The tower was constructed in February 2006. Salazar’s original claim had been dismissed in March 2021, and she was ordered to pay Digicel’s costs of $113,000 at that time.
Bereaux faulted the trial judge for accepting the evidence of Digicel’s surveyor, Nasser Abdul, while rejecting Salazar’s surveyor, Kelvin Ramdass. He found Abdul ignored or failed to account for relevant survey plans, whereas Ramdass considered all pertinent deeds and plans.
“Unlike most findings of fact, the judge in this case enjoyed no advantage over the Court of Appeal in assessing the evidence because it is the documentary evidence which is entirely determinative,” Bereaux wrote. “The judge failed to check her findings against the relevant deeds of conveyance and the clear and distinct illustrations of the relevant survey plans... She was plainly wrong.”
Damages and any applicable mesne profits will be quantified by the Master in Chambers.