Husband gets short end in division of property matter

Nov 20, 2013 Letters

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Dear Editor,
It is with pain, physical and emotional, consternation disgust and distrust for Guyana politician and what they present to people as equitable representation that has me in total bewilderment. My case concerns a division of property matter in which I am the plaintiff and my ex wife the defendant. She is being represented by a prominent A.P.N.U politician, who is a lawyer.
We were married in September 17, 1971. We acquired a property together even though she never worked anywhere. Because of circumstances beyond my control which she contributed to (I was just out of an operation which was done in October 1988) I moved to my mother’s residence to be properly cared for. I never went back home. The marriage was dissolved in 1992.
At the invitation from the C. H & P A of the Ministry of Housing we visited her office in August 1999. The C.H & P.A informed us that as we are separated one will have to pay the other. My ex wife then indicated to the officer that she will pay me by the end of that year (1999). It was not until 2004 when I was summoned to appear in court that I did hear from her. In the summons she was asking the court to compel me to sell her my half of the property.
I appeared in court without a lawyer (because Mr. James  Bovell- Drakes, who was my attorney, was appointed a judge) I was ordered by the judge to pay the cost of $2,500 to the plaintiff’s lawyer. Immediately after court, I contacted the lady that works out of Mr. Bovell-Drake’s chambers who after discussing the matter with me advised me to accept a settlement of $1 million representing my half of the property. I agreed. Subsequently (not the same day) I visited the office of the plaintiffs attorney (who is supposed to be this vibrant A.P.N.U politician, who castigates the Government on a regular basis about wrongdoings) to pay the cost.
I paid and was waiting for my receipt when the attorney came in. She was polite enough to say good afternoon. She entered her chamber and enquired of her secretary who I was and my reason for being there. After being informed, she invited me into her office. She then questioned me about my take on the matter at hand.
I then advised her that a letter was dispatched to her office advising her that I’m willing to accept $ 1 million as my half of the property. She immediately requested the file. After reading the correspondence she asked me, and I quote “Mr. Small, are you willing to accept $ 1 million as being your part of the property?” I said yes . She asked me this question two more times and received the same affirmative answer. She then said to me again I quote “Mr. Small , you are not a dogmantic man , you are very pragmatic; you need to teach the politicians of this country something, I will have to tell my client. She has been given a wonderful deal.”
A few days later, I was passing the high court building when I saw the politician lawyer and my lawyer in
conversation. On passing I heard her saying to my lawyer again I quote “Girl this woman gat to be mad she getting a property for $ 1 million and she say she can’t pay the man that; She can only give $500,000.”
The case was abandoned. I restarted the case in 2009 and with the intervention of the CJ’s office I got an early hearing. At the first hearing, this prominent politician lawyer indicated to the judge that they were seeking a settlement.
On the 15th November, 2013 this prominent A.P.N.U politician who to my mind should seek equitable justice for all, offered me a paltry sum of $ 500,000 as a settlement being my half for a 20 ft x 30ft one flat wooden building with three bedrooms, toilet and bath upstairs, a land with a plentiful supply of fruit trees, house furniture (two sets of chairs) fridge, gas stove , kerosene stove, coal pot and beds in every room .
A man moved into my house about a year after I left .I left in 1989. I went in 1996 to check on the status of the property at the Village Office; not one cent of the rates and taxes were paid. I, Ewart Small , paid all the taxes up to 1996.
Madam Counselor, you belong to a very distinguished fraternity with aspirations to lead the country.
The old saying goes “Birds of a Feather Flock together”. I wonder.
Some time in the 90s I had a valuation done for $ 2.5 million. It is about 14 years after or let us say five years because she might have done some work some time in 2005 which did enhance the look of the property.
In that time, 5 years,  $2.5 million would have increased also. Please let that be considered. So my learned friend $ 500,000 which was offered, borders all insanity. It is preposterous; it is disrespectful, it is deceitful, it is disdainful.  Words can’t comprehend.
So much has been said and is being said about the PPP/C but then what? Who can you trust? They say “When yuh own bug bite yuh , yuh well bitten.” I am depending on the Almighty God for my deliverance and I will get it.
Elder Ewart Small

 

 

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