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Jagdeo moves to the Full Court to have $20M libel judgment award to Annette Ferguson thrown out
Kaieteur News – Vice President (VP) Bharrat Jagdeo, has moved to the Full Court in his bid to have the $20M default judgment awarded to former Housing Minister, and A Partnership National Unity +Alliance For Change (APNU+AFC) Member of Parliament, Annette Ferguson for libel, thrown out.
Vice President (VP) Bharrat Jagdeo.
Jagdeo had recently lost the libel case to Ferguson, because of his failure to file his defence in keeping with the time limit and rules of the Court.
Ferguson had sued Jagdeo over some alleged slanderous statements he made about her owning house lots. The statements were published in the Guyana Times newspaper which Ferguson also sued. The case against the newspaper is however still ongoing.
In the case against Jagdeo, a default judgment was granted by Justice Sandra Kurtzious in the sum of $20M to Ferguson, after he failed to defend the case. Justice Kurtzious recently reinforced her decision, but set a date to review at the $20M award with the intention of possibly reducing it. That hearing was set for July 28, 2021.
Former Housing Minister, Annette Ferguson.
However, through his attorney, Devindra Kissoon, Jagdeo has approached the Full Court to ask that the decision be set aside and reversed in its entirety. The VP also requested an interim order staying the enforcement of the decision and Default Judgment, pending the hearing and determination of this application
He has since asked the court to grant him leave to file his defence to the action within seven days of the date, and extending the relevant case management timelines to allow him to properly defend the claim. Further, the Vice President is seeking an order declaring that Part 12 in particular Rule 12.02 of the Civil Procedure Rules (CPR) or Court rules violates Article 144(8) of the Constitution.
According to documents seen by this newspaper, Jagdeo through his attorney set out a number of grounds in which the appeal to the Full Court is made. Among other things, he contends that the trial Judge erred by in law and in fact, by finding that he had no real prospect of defending the claim.
Jagdeo posits specifically that Justice Kurtzious erred and misdirected herself in law, by entering a default judgment against him without considering all of the grounds of his defence, including the defence of justification.
In his view, Jagdeo says that the trial Judge erred in law by failing to appreciate the overriding objective of the Civil Procedure Rules 2016, in ensuring justice between both parties– factors set forth in CPR 12:03 (3).
He said too, that the Judge erred by placing undue emphasis on Ferguson‘s pleadings, without giving similar regard to his defence.
“…. The learned trial Judge erred in law, and in fact, by attempting to assess the evidence and conducting a mini-trial, as opposed to merely finding that the appellant [Jagdeo] had a real prospect of success, overlooking and failing to assess the facts averred in his pleadings which would be proved at trial..” the Notice of Appeal contends.
Further, it states that the trial Judge erred by failing to find that Part 12 of the CPR, and in particular CPR 12:02, violates Article 144(8) of the Constitution by failing to mandate, that Jagdeo be given an opportunity to be notified and heard prior to the entry of a default judgment,
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