‘Red House’ case continues Monday

Aug 24, 2018 News

‘Red House’ which houses the Cheddi Jagan Research Institute

The case before Chief Justice (ag) Roxanne George concerning the lease of the Red House that was given to the
to the Cheddi Jagan Research Institute (CJRI), comes up again on Monday, August 27, for ruling and/or clarifications. The matter is currently on trial at the High Court in Georgetown.
The Chief Justice on August 9, 2017, had ordered that the matter go to trial since there were several issues to be determined.
According to one of the lawyers for CJRI, Anil Nandlall, after President David Granger ordered a revocation of the 99-year lease in December 2016, 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 the CJRI asked for a conservatory order restraining the State from 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.
The Chief Justice granted interlocutory Conservative Orders which 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.”
In addressing the case, the Chief Justice ruled that there were issues to be determined that require a full hearing/trial.
These 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.
Representing the state and the Commissioner of Lands and Surveys are the Attorney General and Minister of Legal Affairs, Basil Williams, Solicitor General, Kim Kyte-Thomas and Senior Legal Adviser, Judy Stuart.

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