Latest update November 8th, 2024 1:00 AM
Dec 15, 2013 News
A city resident has taken a Government Minister to court claiming that the official deliberately attempted to defraud them. The Minister, he said, had already taken $8.5M from his client for a Queenstown property.
The case was filed in September by Wolton Ameche Perreira and Ann Anderson.They named Elaine Clothilda Mootoo and Jennifer Webster as the Defendants. Webster is the current Minister of Human Services and Social Security. The Plaintiffs’ lawyer is Neil Boston.
In September, based on an ex-parte application by way of Affidavit for Interim Injunction, Justice Rishi Persaud ordered that the Defendants be blocked from selling, mortgaging or encumbering the North Half of Lot 182 Crown and Irving Streets, Queenstown.
The Plaintiffs are seeking damages for breach of contract together with interest. They are asking for damages for fraudulent misrepresentation
According to court documents, Perreira of Hadfield Street, said that Mootoo is the executrix of the estate of the late Nellie Mendes De Franca, who at the time of her death was the owner of property described as N1/2 of lot 182 Crown and Irving Streets, Queenstown. The property included a building and other erections.
Webster, Perreira claimed, was appointed attorney on September 23, 2011.
Some time in 2007, Webster claimed that she was representing the estate of Nellie Mendes De Franca on the instruction of Mootoo, the executrix. The Plaintiffs said that they believed her and learnt that the estate owned a property at Crown and Irving Streets, Queenstown.
Perreira also claimed that Webster indicated that she had the authority to sell the property.
Webster later took them to the property and described it as North Half of North Half of Lot 182.
They agreed on a $12M price for the property.
On December 5, 2007, the Plaintiffs paid over $1M to Webster. A copy of the encashed check was attached to the court documents.
On September 15, 2008, the parties entered a written agreement with Webster, paying an additional $1.5M.
“(Webster) represented to us that Nigel Hughes, Attorney-at-Law, was retained by her to have the said will probated and in three months time she will be able to transfer title in the property to us.”
On August 26, 2011, and additional $2M was paid. On September 16, 2011, another $3M was also handed over. One year later, on September 7, 2012, another $1M was handed over to Webster.
In total as of September 7, 2012, Webster would have received $8.5M.
Perreira claimed that on April 15, 2013, Webster received the grant of Administration with
the Will annexed on the April 15, 2013 but never informed the Plaintiffs.
“In July 2013, we asked the second-named Defendant whether she obtained a Grant of Administration and much to our surprise she informed us that she is not going to sell the property to us anymore. We found the statement by the second-named Defendant as a brazen and dishonest statement having received our money over a period of time and her several promises to complete the agreement after she gets the grant.”
The Plaintiffs said they requested their lawyer Neil Boston to make a search at the Probate Registry in August 2013 and discovered that Webster was appointed Administratrix of the deceased estate.
“We discovered for the first time when we were shown the Statement of Assets and Liabilities that the property that was described to us as N1/2 of N1/2 of Lot 182 (one hundred and eighty-two) Crown and Irving Streets, Queenstown, in the City of Georgetown, County of Demerara, Republic of Guyana, is really the N’/2 of Lot 182 Crown and Irving Streets, Queenstown, in the City of Georgetown, County of Demerara, Republic of Guyana.”
Perreira claimed that at no time were they buying a portion of the property, nor were the defendants selling a portion of the property.
The Plaintiffs immediately moved to court to stop any further transaction regarding the property.
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