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Full Court discharges injunction against the GCB
Grants costs against BCB Executives
The Full Court comprising of the Honorable Madam Justice Roxanne George and the Honorable Justice James Bovell-Drakes,
Anand Sanasie
on wednesday discharged the injunction obtained by the Berbice Cricket Board (BCB) against the Guyana Cricket Board (GCB) Executives, Trustees and its Administrator in April 2014 which had effectively prevented them from functioning.
The Honorable Justice George delivered the 10 page ruling in the presence of the attorneys for sides, the GCB’s Vice President Fizul Bacchus, Secretary Anand Sanasie, and Marketing Manager Raj Singh. The Berbice Board was represented by Malcolm Peters.
The Judges of the Full Court further granted the GCB a significant award of cost from the BCB. This action was filed by Keith Foster, Anil Beharry, Raymond Haniff, Angela Haniff, Shabeer Baksh, Hubern Evans, Julian Cambridge, Keith Foster and Romash Munna as the Plaintiffs/Respondents with only Angela Haniff pledging her personal resources in the event of an award for damages and will now be stuck with compensating the GCB to the full extent of the award for damages.
The Berbice Cricket Board had filed the matter in March 2013 following the GCB elections in January 2013, but had allowed over a year to elapse until April 14, 2014, when Honorable Madam Justice Sandra Kurtzious ordered the GCB Executive, Trustees and Administrator to cease functioning individually and collectively but had granted a stay of execution to the said Order pending an Appeal.
This Order was then reactivated in June 2014 for a very brief period. Then on June 3, 2014, following an appeal by the Defendants to the Full Court, the Honourable Madam Justice Roxanne George and the Honourable Justice Bovell-Drakes granted An Order Staying the Execution of the Order of the Honourable Madam Justice Sandra Kurtzious dated the 14th day of April, 2014, until the hearing and determination of the Notice of Appeal Motion No. 38-Apl of 2014 filed from the Order of Court of the said Honorable Madam Justice Sandra Kurtzious made in Action No. 116-W/2013.
Many feel that this injunction, when it was granted, significantly contributed to the decision of the West Indies Cricket Board (WICB) to remove the New Zealand Test Match from Guyana. As a result it is understood that the GCB may very well seek damages.
In an invited comment yesterday, Secretary of the GCB Sanasie said he was happy that another of these matters has come to an end but hopes that the true Executives of the BCB can step forward and provide leadership as mandated by their Clubs and Associations. He further stated that the GCB is prepared to welcome all on board and move forward”.
This court ruling basically allows the GCB to operate unhindered as it pronounces on the legality of its elections of January 2013, which was challenged. It also indirectly pronounces on the DCB’s participation in the said elections and their officers’ status.
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