Digicel Trinidad and Tobago Ltd has been found guilty of trespassing on private property in Trinidad by the country's high court.

As reported by Newsday, the carrier allegedly trespassed on private property in San Fernando when it built a cell tower almost two decades ago.

Last week, Justices of Appeal Nolan Bereaux, Mark Mohammed, and Geoffrey Henderson overturned a 2021 judgment of the High Court that had dismissed the claim against Digicel.

Instead, the court ruled in favor of the late Surajdai Rawti, now represented by her stepson, Harry Joseph, over the disputed site.

The court unanimously ruled in favor of Rawti, noting that the trial judge erred in accepting Digicel’s expert evidence over that of the estate’s surveyor.

It was determined by the judges that the tower was located on Rawti's parcel of land, as noted in a 1960 deed, meaning that Digicel was liable for trespass throughout the period the tower remained.

The case dates back to 2006, when Digicel built a tower on the land via a lease with Miguel Mechanical Services Ltd. Digicel thought that Miguel owned the site, not Rawti.

“The judge erred. The tower site was located on Rawti's parcel,” 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.”

Bereaux added that the judge from the 2021 ruling didn't sufficiently examine the evidence.

The court has now ordered that damages for trespass be assessed by a Master in Chambers.