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Jagdeo libel case
…Court of Appeal throws out Motion to appeal Default Judgement
Kaieteur News – The Court of Appeal on Monday dismissed two Motions filed by Vice President (VP), Bharrat Jagdeo for special leave to appeal the decision of the Full Court in a libel suit brought against by Opposition Member of Parliament (MP), Annette Ferguson.
Vice President, Bharrat Jagdeo
Opposition MP, Annette Ferguson
In reading a summarized version of his decision, Justice of Appeal Persaud referred to and relied on Section 79 of the High Court Act Cap 3:02 and Sections 6(1)(2) of the Court of Appeal Act Cap 3.01 to find that the Court of Appeal lacked the jurisdiction to grant Special Leave to the Vice President to appeal the decision of the Full Court which refused to give him Leave (permission) to file a fresh Appeal to the Full Court and to have the Full Court be comprised of three Judges instead of two.
The Full Court comprising Chief Justice (Ag) Roxane George and Justice Priya Sewnarine-Beharry refused an application to allow Jagdeo to file a fresh appeal against a decision of Justice Sandra Kurtzious in which she granted a default judgment to Ferguson.
On Monday, the Court of Appeal ordered that the case be returned to Justice Kurtzious for her to render a decision with regards to damages for Ferguson. The Court of Appeal also awarded costs against the Vice President in the sum of $100,000.
On March 11, 2021 Justice Kurtzious granted a Default Judgment to Ferguson against the Vice President after his previous Attorney Mr. Anil Nandlall had failed to file a defence on his behalf within the time stipulated in the rules of the High Court.
Upon being served with the Order, the Vice President caused an Application to be filed on his behalf, to set aside default judgment.
However, Justice Kurtzious refused to grant that order. She however recalled her order awarding Ferguson the sum of $20 million and requested that the lawyers for the parties address her on quantum of damages.
Attorney-at-Law, Devindra Kissoon represented Jagdeo, while Lyndon Amsterdam, was counsel for Ferguson.
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