More rice farmers challenge President’s revocation of leases

May 23, 2017 News

A group of rice farmers has moved to the High Court seeking orders to reverse the cancellation of a lease to State lands used for Agricultural purposes in Berbice.
According to the action filed in the High Court, the applicants are contending that the cancellation of a 50-year lease by the Mahaica/Mahaicony Abary Agricultural Development Authority(MMA/ADA) is contrary to and in violation of Article 142 of the Constitution of Guyana, and should be rendered unlawful, null, void and of no effect.
In two separate lawsuits, Joylyn Nicholson, Gratien Oswald Nicholson, Vaughn Aaron Herman, Yulotto Nicholson, Brian George and Tiffanie Hubbard (a group of farmers) are seeking damages in excess of $5 million for breach of their fundamental rights and freedoms as guaranteed by Articles 142 and 153 of the Constitution of Guyana.
The action was filed against the MMA/ADA and the Attorney General.
According to the statement of claim, the applicants stated that on November 3, 2014, they were duly issued with a Lease of State Land for Agriculture Purposes issued under Section 3(b) of the State Lands Act, Chapter 62:01, and in accordance with the MMA/ADA Authority Act No. 27 of 1977, to occupy a portion of State Land situated South of the MMA Main Canal in the rear of No. 40 Village, West Coast Berbice, for a period of 50 years.
Shortly after obtaining the lease, the applicants said that they occupied the said land and started to expend huge sums of money preparing for cultivation of rice.
Some time afterwards they attempted to pay their rent to the MMA/ADA but the authority refused to accept the payment.
A few weeks later, the claimants stated that they saw advertisements in the newspapers that their lease has been cancelled.
The notice read, “It is hereby given that his Excellency, the President of the Cooperative Republic of Guyana, has cancelled all State land leases as described in the Schedules hereunder…”
Among the Leases of State Land listed in the schedules was the lease issued to the Applicants.” According to the complainants letters were also issued that the President had revoked the lease.
“Indeed, (we were) unaware of the reason why our lease was cancelled and to date, no one has furnished us with any reason whatsoever in relation to same.
“At no time, were we afforded a hearing by any person or body or authority offering us an opportunity to show cause why our Lease should or should not be cancelled,” the legal documents outlined.
As such, the group of farmers is seeking a Conservatory Order prohibiting servants and/or agents of the Mahaica/Mahaicony Abary- Agricultural Development Authority, a public statutory authority or any other Officer of the State from entering upon, remaining, occupying or in any manner whatsoever interfering with the Applicants’ quiet and peaceful possession, occupation and enjoyment of the lease to lands situated South of the MMA Main Canal in the rear of No. 40 Village West Coast of Berbice
Additionally, the applicants want costs and such orders or directions as the Court may consider appropriate for the purpose of enforcing or securing the enforcement of Article 142 of the Constitution of Guyana.

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More rice farmers challenge President’s revocation of leases

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