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Court grants temporary order to halt evacuation of Red House
In an attempt to stop the revocation of a lease to the Red House, members of the People’s
Chief Justice (Ag), Yonette Cummings-Edwards
Progressive Party/Civic, (PPP/C) yesterday moved to the High Court and secured a conservatory order temporarily barring the revocation and removal of artifacts from the heritage site.
The order was granted by Chief Justice, (Ag) Yonette Cummings- Edwards, following a brief hearing with Attorneys for the Party at the High Court in Georgetown.
The move comes one day after President David Granger ordered that the lease to the Cheddi Jagan Research Centre Incorporated (CJRCI) be revoked and that the occupants vacate the property by December 31, 2016.
The Red House lease was granted by the then PPP/C government to Cheddi Jagan Research Centre Incorporated (CJRCI), a company formed by the members of the same party.
However according information obtained by the current government, on March 30, 2012 the Red House lease agreement was initiated without the approval of either the President of the day or The National Trust of Guyana, which is in contravention of Section 10 of the Lands Department Act Chapter 59:01.
But in court documents filed yesterday, the party argued against this statement. They asked for a conservatory order to stay the revocation.
According to the legal papers, the Chief Justice upon hearing the Ex Parte application by way of affidavit presented by attorney on behalf of Hydar Ally, Chairman of the Management Committee of CJRCI, ordered that all items, property and artifacts stored at Red House, not be interfered with or removed until further notice by the court.
Justice Cummings-Edwards also commanded that the Respondents/Defendants Attorney General of Guyana and Guyana Lands and Surveys Commission be granted leave to file an Affidavit in Answer within 21 days.
The endorsement of claim filed by Attorneys attached to the Law firm of Nandlall and Associates is claiming a declaration that Lease of Government Land for Educational/Research Purposes for a term of 99 years commencing January 2012 is valid.
The group also wants a declaration that the revocation or the likely revocation of Lease of Government Land for Educational/Research Purposes is illegal, unlawful, contrary to and in contravention of the Plaintiff’s fundamental rights and freedoms as guaranteed and secured by Articles 40 and 142 of the Constitution of Guyana;
In addition to a Conservatory Order preventing and/or restraining the Defendants, their servants and/or agents or any other officer of the Government of Guyana or the State of Guyana from removing from any documents, photographs, artifacts, souvenirs, furniture, and any other movable property from the demised premises, the company is also seeking damages in excess of $1millions for breach of Lease of Government Land for Educational/Research Purposes.
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