News
Attorney General wins major victory for the Government in case of unlawful occupation of Crown Land
#TurksandCaicos, May 2, 2024 – In a unanimous decision, the Court of Appeal of the Turks and Caicos Islands upheld an appeal brought by the Attorney General on behalf of the Turks and Caicos Island Government, overturning the lower court’s ruling and affirming the Government’s position on critical issues involving crown land procedures and the implications of the Crown Land Ordinance. This ruling represents a decisive moment in the legal saga and reaffirms the Government’s commitment to upholding the rule of law and protecting public resources.
On the 29th April, 2022, former Supreme Court Judge, Hon. Carlos Simons OBE KC, ruled in favour of a local businessman Mr. Gilbert Selver who the Crown argued had been in unlawful occupation of three parcels of crown land, namely 60602/429; 60602/430; 60602/431 respectively; ruling that the freehold title to Crown Land parcels 60602/429, and 60602/430 be transferred to Mr. Selver at the 2008 offer prices of $30,800 and $73,5000 respectively. In respect of 60602/431 the Court ruled that Mr Selver was indeed a trespasser. The Crown’s position in the Supreme Court was that Mr. Selver was a trespasser after failing to accept the offers for the sale of said Crown land presented to him prior to the coming into force of the 2012 Crown land Ordinance And after receiving Notices to discontinue the use and occupation of the said Crown Land which said notices had been ignored.
The Crown being dissatisfied with the said ruling, lodged an appeal against the decision of former Justice Simons OBE KC on the grounds that he failed to properly apply the contract principles of offer and acceptance; he failed to consider that the offers made by TCIG was subject to contract, and that he failed to consider the intervening impact of the Crown Land Ordinance which came into force in 2012.
On 26th October 2023, the Court of Appeal heard the detailed arguments on behalf of the Crown and Mr. Selver. Principal Crown Counsel, Civil Ms. Clemar Hippolyte and Principal Crown Counsel, Commercial, Ms. Yaa McCartney appeared on behalf of the Crown as representatives for the Appellant, and Mr. George Missick appeared for the Respondent Mr. Selver before the three- person Appeal panel comprising Hon. Mr. Justice K Neville Adderley (President), Hon. Mr. Justice Stanley John, and Hon. Mr. Bernard Turner.
On 17th April, 2024 the Court of Appealed handed down its decision on the appeal, overturning the judgement in the Supreme Court,
and ruling in favour of the Crown. In arriving at its decision, the Court found that, by letter dated 29th October, 2008, the Crown offered Mr. Selver the freehold title to parcels 60602/429 and 60602/430 for the purchase prices of $30,800 and $73,5000 respectively. The Court found that in order to accept the offers, Mr. Selver was required to pay the survey fees and a registration fee. The letter also informed Mr. Selver that he was required to
contact the Crown Land Unit in order to execute the necessary documents. The Court found that Mr. Selver had not immediately acted on the offer and had not accepted the offer of the Crown for the freehold.
The Court of Appeal also held that although the offer remained open by the Crown, time not being stated to be of the essence, Mr. Selver’s unequivocal acceptance was only communicated in 2013 which came after the coming into force of the 2012 Crown Land Ordinance (CLO). The Court of Appeal considered whether the coming into force of the CLO presented a significant change in circumstances which would have impacted Mr. Selver’s ability to accept the offer to constitute a legally enforceable contract. Following the decision of the Privy Council in CMK BWI Ltd. v Attorney General [2022] UKPC 40, the Court held that the date of the acceptance was highly relevant to determining the legality of the contract because the 2012 CLO now dictates the conditions and circumstances of all crown land dispositions. The Court considered section 7(2) of the Ordinance which provides that “Crown land must not be disposed of unless the disposal is authorized by this Ordinance or any other Ordinance dealing with Crown land”, and held that the Crown “could not dispose of the parcels under the previous offers as the Ordinance cerate[d] the legislative framework for the disposition of Crown lands, including restrictions (section 9) and imposition of conditions (sectio10)”. Applying the law to the facts, the Court found that “no validly enforceable contract was entered into between Selver and the TCIG for the purchase of 429 and 430 as the offer to purchase the crown lands were rescinded by the passage of the CLO”.
In allowing the appeal, the Court ordered that:
- The TCIG is entitled to possession of parcels 60602/429 ; 60602/430 and 60602/431.
- Selver must vacate parcels 60602/429; 60602/430 and 60602/431 within 90 days from the date of the Order.
- The TCIG is entitled to all attached buildings and/or infrastructural works on the parcels 60602/429; 60602/430 and 60602/431 attached to the land and no compensation is payable to Mr. Selver.
- Selver must pay the TCIG’s legal costs in the Supreme Court and in the Court of Appeal .
“We welcome the Court of Appeal’s ruling in this pivotal land case,” stated the Honorable Attorney General Rhondalee Braithwaite Knowles OBE KC, “This decision vindicates our steadfast efforts to clarifying the impact of the Crown Land Ordinance on some of the legacy matters that we are seeking to bring to a close. This judgement, is another helpful decision of our courts that clarifies the Crown Land Ordinance’s governance over the disposition of Crown Land since its enactment. The judgment reaffirms the Government’s authority to act in the best interests of the people of the Turks and Caicos Islands and ensures responsible stewardship of our finite land resources.”
The successful appeal outcome is a testament to the diligence and expertise of the Government’s legal team, whose tireless advocacy and meticulous preparation were instrumental in securing this favorable verdict for the Government. Their dedication to advancing the Government’s case and upholding the principles of justice and fairness have been commendable.
“The Government is very grateful to the Court of Appeal for their thorough consideration of the legal issues at hand and their commitment to delivering just and equitable outcomes” added the Honourable Attorney General. “This ruling provides clarity and certainty for all stakeholders involved and underscores the importance of transparent and accountable Crown Land practices.”
February is National Self- Check Month and family medicine physician at Cleveland Clinic, OH, John Hanicak, MD, highlights why at home self-checks are extremely important when it comes to not just early cancer detection but identifying other illnesses too and offers tips on what to look out for.
“Sometimes I look at them as sort of like your check engine light on the car, just like there would be a red flashing light that tells you that
there’s something wrong with a car and prompts you to bring that in and get serviced. Your body does the same thing. It gives you warning signs to look into that symptom a little bit further,” said Hanicak.
Dr. Hanicak said self-checks are going to be a little different for everyone.
However, in general, he recommends looking for anything that may seem abnormal, such as unexplained weight loss, blood in your urine, bumps and bruises that won’t heal, and changes in bowel habits.
For example, if you suddenly start going to the bathroom a lot more than you used to, that could be a sign of something more serious.
He also suggests doing regular skin checks and documenting any moles or spots that start to look different.
“Realize that you are your own person. There’s nobody else in the world exactly like you. You’ve got your own set of ideas, your own family history and your own genetics. Know what is normal for you, and when that changes, that’s the kind of thing that we would be interested in talking about,” said Dr. Hanicak.
Dr. Hanicak notes that self-checks are not meant to replace cancer screenings, as those are just as important to keep up with.
Press Release: Cleveland Clinic
PM: Project delivers on promise and invests in youth, sports and national development
GRAND BAHAMA, The Bahamas — Calling it the fulfillment of a major commitment to the island, Prime Minister Philip Davis led the official groundbreaking for the Grand Bahama Aquatic Centre, a facility the government says will transform sports development and create new opportunities for young athletes.
Speaking at the Grand Bahama Sports Complex on February 12, the Prime Minister said the project represents more than bricks and mortar
— it is an investment in people, national pride and long-term economic activity. The planned complex will feature a modern 50-metre competition pool, designed to meet international standards for training and regional and global swim meets. Davis said the facility will give Bahamian swimmers a home capable of producing world-class performance while also providing a space for community recreation, learn-to-swim programmes and water safety training.
He noted that Grand Bahama has long produced outstanding athletes despite limited infrastructure and said the new centre is intended to correct that imbalance, positioning the island as a hub for aquatic sports and sports tourism.
The Prime Minister also linked the development to the broader national recovery and revitalisation of Grand Bahama, describing the project as part of a strategy to expand opportunities for young people, create jobs during construction and stimulate activity for small businesses once operational.
The Aquatic Centre, he said, stands as proof that promises made to Grand Bahama are being delivered.
The project is expected to support athlete development, attract competitions, and provide a safe, modern environment for residents to access swimming and water-based programmes for generations to come.
Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.
The Bahamas, February 15, 2026 – For the better part of three years, Bahamians have been told that major Afreximbank financing would help transform access to capital, rebuild infrastructure and unlock economic growth across the islands. The headline figures are large. The signing ceremonies are high profile. The language is ambitious. What remains far harder to see is the measurable impact in the daily lives of the people those announcements are meant to serve.
The Government’s push to secure up to $100 million from Afreximbank for roughly 200 miles of Family Island roads dates back to 2025. In
its February 11 disclosure, the bank outlined a receivables-discounting facility — a structure that allows a contractor to be paid early once work is completed, certified and invoiced, with the Government settling the bill later. It is not cash placed into the economy upfront. It does not, by itself, build a single mile of road. Every dollar depends on work first being delivered and approved.
The wider framework has been described as support for “climate-resilient and trade-enhancing infrastructure,” a phrase that, in practical terms, should mean projects that lower the cost of doing business, move people and goods faster, and keep the economy functioning. But for communities, that promise becomes real only when the projects are named, the standards are defined and a clear timeline is given for when work will begin — and when it will be finished.
Bahamians have seen this moment before.
In 2023, a $30 million Afreximbank facility for the Bahamas Development Bank was hailed as a breakthrough that would expand access to financing for local enterprise. It worked in one immediate and measurable way: it encouraged businesses to apply. Established, revenue-generating Bahamian companies responded to the call, prepared plans, and entered a process they believed had been capitalised to support growth. The unanswered question is how much of that capital has reached the private sector in a form that allowed those businesses to expand, hire and generate new economic activity.
Because development is not measured in the size of announcements.
It is measured in loans disbursed, projects completed and businesses expanded.
The pattern is becoming difficult to ignore. In June 2024, when Afreximbank held its inaugural Caribbean Annual Meetings in Nassau,
Grand Bahama was presented as the future home of an Afro-Caribbean marketplace said to carry tens of millions of dollars in investment. What was confirmed at that stage was a $1.86 million project-preparation facility — funding for studies and planning to make the development bankable, not construction financing. The larger build-out remains dependent on additional approvals, land acquisition and further capital.
This distinction — between financing announced and financing that produces visible, measurable outcomes — is now at the centre of the national conversation.
Because while the numbers grow larger on paper, entrepreneurs still describe access to capital as out of reach, and communities across the Family Islands are still waiting to see where the work will start.
And in an economy where stalled growth translates into lost opportunity, rising frustration and real social consequences, the gap between promise and delivery is no longer a communications issue.
It is an inability to convert announcements into outcomes.
Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.
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