Latest update January 30th, 2025 6:10 AM
Jul 13, 2022 Court Stories, Features / Columnists, News
Kaieteur News – The Full Court; an appeal jurisdiction within the High Court, has once more refused an application by Vice President (VP)Bharrat Jagdeo to hear his request to set aside or recall the default judgment award of $20 million granted to former Minister of Housing, Annette Ferguson for libel.
Jagdeo had previously 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 and secured $20 million on a default judgment.
VP Jagdeo later appealed the decision before the Full Court, but his request was turned down the first time. Chief Justice (ag) Roxane George-Wiltshire and Justice Priya Sewnarine-Beharry failed to agree on allowing his application to be heard. This meant that the original ruling of the previous presiding judge, Sandra Kurtzious to grant Ferguson a $20 million judgment still stands.
However, the VP did not give up in his quest to have Ferguson’s judgment discarded. Through his attorney, Devindra Kissoon Jagdeo appealed to the Full Court, where two judges usually preside a second time. This time around, he requested that a third judge joins the panel to review his application. He also filed a similar appeal in the Appeal Court.
When the matter came up again before the Chief Justice and Justice Sewnarine-Beharry on Tuesday, the application was again turned down.
This time, the both justices rejected the application on the basis that Section 77 of the High Court Act only gives that power to the Chief Justice to grant a request to review an appeal before the Full Court.
Additionally, it was noted that a simultaneous application was filed to Court of Appeal which meant that the Appeal Court (the Higher Court) was seized with jurisdiction to hear the matter and Jagdeo could not have two similar applications before two different Courts. Further, it was pointed out that Jagdeo’s lawyer could provide no authority or legislation to show that the Full Court had the jurisdiction to grant the applications. Kaieteur News understands that given the Full Court’s decision, Jagdeo’s case will now be pursued before the Court of Appeal. Ferguson had sued Jagdeo over 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.
Jan 30, 2025
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