In a major legal blow to the State, the Court of Appeal of Belize has unanimously dismissed an appeal brought by the Minister of Natural Resources and the Attorney General. The court affirmed that four August 2020 land sale agreements with Fowler Works Enterprises Limited remain valid and legally enforceable-even if they were politically questionable and went afoul of FARA provisions. The decision leaves the Government facing potentially millions of dollars in damages.
The controversy dates back to the final months of the previous administration, when the Ministry of Natural Resources entered into four separate agreements to sell a total of nearly two thousand acres of national land in the Duck Run area of the Cayo District to Fowler Works Enterprises Limited.
Fowler Works paid the full purchase price on October 22, 2020. However, following the general election on November 11, 2020, the new administration deemed the transaction suspicious, refused to transfer title, and effectively cancelled the deal.
Fowler Works treated the Government's refusal as a repudiation of contract and filed suit claiming damages.
The company won that case at the High Court. Dissatisfied with the trial judge's decision, the Government went to the Court of Appeal.
In a comprehensive judgment delivered today by Chief Justice Louise Blenman, the appellate court firmly rejected the State's arguments.
The Court of Appeal ordered that the case be remitted to the High Court for the formal assessment of damages owed to Fowler Works Enterprises Limited. Given that the land transaction involved nearly 2,000 acres, coupled with accrued interest and legal expenses, the judgment is expected to cost Belizean taxpayers a substantial sum. The State was also ordered to pay Fowler Works' court costs for the appeal.
Fowler Works was represented by Dean Barrow, SC, and Agassi Finnegan, while Deputy Solicitor General Samantha Matute and Imani Burgess represented the Minister of Natural Resources and the Attorney General.
