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Cheddi Jagan Research Centre retains 99-year lease on Red House
– after court battle
Former President, David Granger
Former President, Donald Ramotar
Chief Justice (ag) Roxane George-Wiltshire, S.C. delivered a ruling on Friday which allows the Cheddi Jagan Research Centre Inc. (CJRCI) to retain occupation of the Red House, in Kingston.
The Chief Justice (CJ) ruling comes years after the matter filed by the CJRCI against a decision by then President David Granger to revoke a 99-year lease granted to for the historical property by his predecessor, Donald Ramotar.
Granger’s decision was reportedly premised on a claim by his government that on March 30, 2012, the 99-year Red House lease agreement was initiated without the approval of either the President of the day or the National Trust of Guyana, in contravention of Section 10 of the Lands Department Act Chapter 59:01.
The Red House which is located at Kingston Georgetown
CJRCI had moved to challenge the decision in court listing the Attorney General and the Lands and Surveys Commission.
The CJRCI moved to court after a group of staffers from the Office of the President descended into the building and attempted to take possession. They wanted the occupants to immediately vacate the property.
However, an order was made by then Chief Justice Yonette Cummings-Edwards to preserve the occupation of CJRCI until the hearing and determination of the case.
In the Writ of Summons filed, the CJRCI through its Attorney-at-law, Anil Nandlall, claimed a number of reliefs including that its 99-years lease from 1st January, 2012, from the Guyana Lands and Surveys Commission, is binding and in force and that the purported revocation by President Granger was illegal, unlawful, and contrary to the plaintiff’s fundamental rights and freedom not to be unlawfully deprived of its property, guaranteed by Article 142 of the Constitution of the Cooperative Republic of Guyana.
The Attorney General, Basil Williams, appeared for the respondents. The relevant affidavits were filed, written legal submissions were ordered and done in 2018. The matter then awaited ruling.
On Friday, Chief Justice George ruled in favour of the applicant/plaintiff, Cheddi Jagan Research Centre Inc. and awarded costs against the respondents in the sum of $150,000.
In upholding Nandlall’s submissions, the court found that in examination of whether Red House was vested in the National Trust, the Centre was not properly registered in accordance with Section 15 of the National Trust Act and as such could not be categorized as a National Monument; that there was no evidence of misfeasance on the part of the former Commissioner; that the word of former President Donald Ramotar that the lease was granted by him was accepted; that the lease was not properly revoked by the President, David Granger and could only have been revoked for cause; that there was no evidence as to the breach of the lease by the lessee; that a lease for 99 years created property and could not be easily terminated, and, as a consequence created property under the Constitution.
The Court also issued a permanent conservatory order against the respondents not to remove items of the Cheddi Jagan Research Centre Inc. unless compensation is made.
The Court, however, did not award any constitutional relief because the Conservatory Orders granted were adequate.
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