Court rules out co-op society transport in Enmore North land feud

Jan 28, 2020 News

– Over 15 residents to continue occupying homes

A ruling by the Georgetown High Court has effectively set aside a transport used to challenge the occupation of land by some 15 residents of the community of Enmore North, East Coast Demerara.
The court case stems from a land feud between residents of Enmore North and the North Haslington Co-operative Society.

Lawyer Anil Nandlall during a discourse with residents of Enmore North

In 2018, over fifteen homes in the community of Enmore North were on the verge of being taken away with the continued issuance of documents from persons acting as the Secretary and Chairman of the North Haslington Co-operative Society.
The dispute led to the residents’ homes being broken into by persons who claimed ownership of the land they occupied. Their belongings were reportedly thrown at the side of road. The issue was publicized in the media after the police become involved.
The feud eventually led to a case being filed in the High Court by Althea Seymour and Charlton De Ally who claimed that the parcels were passed to them by the Co-operative Society. Their application was challenged by Yasmattie Rambarran and Nadia Rambarran, who were represented by the law firm of Mohabir Anil Nandlall & Associates.
According to information provided by the law firm, the Rambarrans in their counterclaim stated to the Court that they had been occupying the land which was inherited from Yasmattie’s uncle, Ramgopaul Singh, for over two decades.
In their response, the defendants claimed that Singh’s occupation of the land was by virtue of his membership of the co-operative society for over twenty years.
As such the residents asked the Court to set aside the transport on the ground of fraud. The case was presented for trial in the High Court before Justice Priya Sewnarine-Beharry.
Last week, the Court ruled upholding the submissions of the Rambarrans’ Attorneys, Anuradha Deodasingh and Anil Nandlall.
According to the ruling, the evidence of De Ally and Seymour contradicted itself, and found the evidence of the Rambarrans to be clear and credible.
Furthermore, the Court found that at the time the property was transported to the Claimants, (Seymour and De Ally) there was no valid management committee of the North Haslington Co-operative Society and therefore, Mary Luke and Eldon Alderson did not have the authority to transfer lands of the said Co-operative Society.
The Judge further ruled that the evidence established that the claimants engaged in unconscionable conduct and were privy to fraud.

Consequently, the Court set aside the Transport of the Claimants, Seymour and DeAlly, and an injunction was granted restraining them, their agents, servants and representatives from entering upon the subject land.
Costs were awarded to the Rambarrans in the sum of $450,000. The Co-operative Society has agreed to transport the land to the Rambarrans.