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Chief Justice orders trial for Red House case
- Grants conservatory orders for CJRI
Chief Justice issues Conservatory Orders until final decision on Red House trial
The Chief Justice, Madam Justice Roxane George, yesterday ordered that the court matter concerning the lease of Red House that was given to the Cheddi Jagan Research Institute (CJRI), be sent for trial.
An update on the matter was given yesterday by former Attorney General Anil Nandlall, who is representing the CJRI in the matter. This was done at a press conference held at the Office of the Leader of the Opposition.
Nandlall said that after President David Granger ordered a revocation of the 99 year lease last December, the CJRI had rushed to the court asking for a declaration that the lease is valid and that the manner in which the President wanted to revoke the lease was unconstitutional.
He said that in the meanwhile, the CJRI asked for a conservatory order restraining the state form ejecting the tenants, taking possession of the property or interfering with the Institute’s quiet and peaceful occupation of the premises.
According to Nandlall, the conservatory orders are protective mechanisms to ensure that nothing occurs during the period of the case being tried to the extent that the occupants and contents are not removed.
Nandlall said that initially a similar order was granted in a very narrow compass restraining the state from interfering with the occupants at Red House. “That is what kept the occupants in the building up to now.”
However, the Chief Justice went further yesterday to grant interlocutory Conservative Orders. This will be in effect until the end of the trial. The first one is, “an interlocutory Conservatory Order preventing and/or restraining the Respondents/Defendants (the State) their servants and/or agents or any other officer of the Government of Guyana or the State of Guyana from ejecting or evicting the Applicant/Plaintiff (CJRI), its servants and/or agents from the demised property, that is, Area ‘A’ now called Red House, comprising lots 65, 66 and 67 High Street, Kingston, situate in the City of Georgetown, Country of Demerara.”
The second order is, “an interlocutory Conservatory Order preventing and/or restraining the Respondents/Defendants, their servants and/or agents or any other officer of the government of Guyana or the State of Guyana from removing any documents, photographs, artifacts, souvenirs, furniture, fixtures and fittings, appliances and/or any other movable property from the demised property.”
Meanwhile, the Attorney General’s Office, in a statement on the case, said that the Chief Justice ruled that there were issues to be determined that require a full hearing/trial. According to the statement, these issues include:
(i) Whether the President has immunity for his acts done in performance of his functions.
(ii) Whether officials acting for and in the name of the President are likewise immune from orders of Court.
(iii) Whether Red House gazetted as a National Monument and heritage site could be leased by the Commissioner of Lands and Surveys to the Cheddi Jagan Research Centre Inc. (CJRCI) without the permission of the Minister of Education.
(iv) Whether President Jagdeo or Ramotar sanctioned the purported lease of Red House to the CJRCI.
(v) Whether the failure of the CJRCI to advertise in the official gazette in the manner of executing a Transport, the purported lease of 99 years to the CJRCI, renders the lease invalid, ineffectual and incapable of being pleaded in a Court of Law.
(vi) Whether such a lease of 99 years ought not to have been filed in the Deeds Registry as a matter of record and annotated by the registrar as is required by the Deeds Registry Act.
(vii) Whether the claim of constitutional breaches ought not to be supported with particulars and facts in the Application by CJRCI.
Moreover, the statement said that the Chief Justice ruled that until the trial, the status quo needed to be preserved and therefore issued the two orders.
Further, the AG’s Chamber said that the Chief Justice, using case management, ordered the CJRI to file its statement of claim within 21 days and 21 days thereafter for the Commissioner of Lands and Surveys to file pleadings in response.
“The Chief Justice also ruled that failure on the part of the CJRCI to file its Statement of Claim within the time limited by the Court, the matter would stand dismissed.”
Representing the state and the Commissioner of Lands and Surveys are the Minister of Legal Affairs, Basil Williams, Solicitor General, Kim Kyte and Senior Legal Adviser, Judy Stuart.
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