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Jawalla Village Council wins $20M judgment against GGMC, miner for trespassing on land
Kaieteur News – The High Court has granted the Jawalla Village Council in Region Seven Cuyuni-Mazaruni a $20m judgment against the Guyana Geology and Mines Commission (GGMC) and a gold miner for trespassing on their land.
The court also blocked the mining company and GGMC from mining or permitting mining respectively in village lands at Jawalla.
On the 30th day of January, 2023 last, Justice Sandil Kissoon awarded the Jawalla Village Council damages in the sum of $10 million for trespass to the Village’s land and $10 million against the GGMC, James Kwakowsky and Timna Mining jointly for breaches of the provisions of the Amerindian Act. Justice Kissoon further granted a permanent injunction against James Kwaokowsky Timna Mining and GGMC, from mining and or permitting mining on the village lands.
It was noted that while the State is entitled to sub-surface rights, the Amerindian Act requires permission to be granted before extraction could take place. Costs were awarded in favour of Jawalla Village Council in the sum of one million dollars. Jawalla is an Akewaio Community on the Mazaruni River.
The judgment stemmed from mining permission granted by the GGMC to James Kwakowsky and Timna Mining to conduct mining activities in the Mazaruni River which passes through the Jawala Village Lands. Despite several requests from the Jawalla Village Council for the miners and GGMC to desist from the activities or granting permission to mine within their village lands, the GGMC and the miner ignored the demands. The Jawalla Village Council was represented by Jed Vasconcellos of Hughes Fields and Stoby, and the defendants were represented by Roysdale Forde, SC
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