Jamaica Plants Ltd. v Commissioner of Lands, Agro 21, Attorney General

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L.1994lJ138

BETWEEN JAMAICA PLANTS LIMITED PLAINTIFF

AND COMMISSIONER OF LANDS lSDETFEN DANT

AND AGRO 21 2ND DEFENDANT

AND ATTORNEYGENERAL 3RD DEFENDANT

Miss Janet Nosworthy instructed by Paris Woodstock & Co. for the Plaintiff

Mrs. Susan Reid-Jones and Miss Stacey Ann Bent instructed by the Director of

State Proceedings for the 2"d & 3rd Defendants.

HEARD: January 20-24,27-28 and 30-31, 2003; February 4-6, 11, 2003;

December 2,2004; March 11,2005 and July 21,2005

Mclntosh M, J.

The Government of Jamaica through an agricultural programme

administered by Agro 21, a Government Agency under the Ministry of Agriculture

offered to investors certain idle lands which had been divested and were not

being utilized for long lease for agricultural use and development.

The plaintiff a limited liability company engaged in farming and agriculture

was put in possession of a parcel of agricultural land known as Nonesuch in

St. Mary, the acreage of this property was uncertain. Possession was taken by

the plaintiff under a handing over certificate from the Commissioner of Lands

dated 27th February 1986. On or about 3rd February 1987 the plair~tiffa nd the

Commissioner of Lands entered into an agreement in respect of the property.