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Tribunal sets 22 June as the trial date for the Bahia de las Aguilas case

SANTO DOMINGO. The Superior Land Tribunal, of the Central Department, rejected a series of motions which sought to postpone the hearing of the appeals against the sentence which declared the land titles granted in favor of individuals on thousands of square meters of terrain in the Bahia de las Aguilas to be nul and void and of no judicial value.

Judges Manuel Alexis Read Ortiz, presiding, Pilar Jimenez and Catalina Ferreras set the trial of the lawsuit regarding registered terrain for 22 June, after hearing the reading of the evidence from both parties and the presentation of the exceptions of annulment of the appeals.

They rejected the request to require the appearance of the former directors of the IAD, Jaime Rodriguez Guzman, Mayra Feliz, Marcellino Vargas Garcia and Tito Hernandez.

Likewise, they rejected the order to listen to the testimony of the former Attorney General of the Republic, Abel Rodriguez del Orbe, concerning the occupation of the property titles in the area, as well as the reports of topographers Domingo Duran and Victor Betemit,, because they felt that the outstanding proof is documentary, “with no evidence showing the usefulness of the measures requested.”

The tribunal ordered that the Deed Registrar in Barahona carry out an inventory of Parcel 215 within 45 days.

The court rejected the request for postponement in order to study the case file and reposition the deadline, “whenever in the Property Jurisdiction the party should contribute and propose their inventories in order to present them opportunely during the hearing of evidence, in addition to not having notified the request used.”

Also the tribunal rejected the argument that the judgment in the first degree had been sent to an unknown address, due to the fact that the party proposing the annulment did not justify any damage.

The judges felt that it was improper to postpone trial in order to regulate interventions by the parties, by virtue of which the law places the burden on the participants to regulate their demands opportunely.

“Regarding the request for the original expedition of proof noted in order to be incorporated in the case file, this is rejected by virtue of which they request are strictly related with the trial.”

The tribunal accepted a request by the petitioners and ordered the Registrar of Deeds of Barahona to prepare a history of Parcel 215 – A of the Cadastral District Num. 3, because they feel it would be useful to the process.

The court refused the appeals filed by the party that represents lawyer Jorge Leandro Santana or any other in the process.

“Regarding the appeals that do not appear in the sentence of establishing the date of this hearing, the tribunal declares itself empowered of them in order to be taken into account in all the instruction of this process and the other case files of decisions.”

The process

The appeal of the lawsuit on registered lands began after 10:00 a.m., when the tribunal invited the parties to give their qualities. The representatives of the plaintiff in appeal, nearly 50 lawyers, expressed their exceptions and request tending to produce an instruction of the case. While the lawyers that represent the Dominican State tried to put forward their intentions. The tribunal placed the parties in conditions to present their evidence or motions, in order to put the process in condition to be decided.

Source: DiarioLibre
March 26, 2015

Category: DR News |

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