Local courts have no jurisdiction over foreign immovable property-Full Court rules

Local courts have no jurisdiction over foreign immovable property—Full Court rules

Dec 05, 2024 News

Kaieteur News- The Full Court of Appeal has ruled that the local courts have no jurisdiction over foreign immovable property.

Justice Jo Ann Barlow and Justice Jacqueline Josiah- Graham, Judges of the Full Court of Appeal on Monday overturned a decision of the Justice Navindra Singh in the matter of Odessa Noel formerly Odessa Primus against her ex-husband Colin Primus.

On 7 May, 2024 Justice Singh ruled in a divorce/division of property that the Court had jurisdiction to hear matters in relation to a property allegedly owned by Odessa Primus in New Jersey, United States of America under the Married Persons Property Act (MPPA) Chapter 45.04.

Primus appealed the decision and contended that the local courts have no jurisdiction under section 4 (2) of the said Act to hear applications by a spouse or former spouse for a share in overseas property.

In the matter, Ms. Noel was represented by Ms. Keshia Chase and Mr. Robin Stoby, SC appeared for Mr. Primus. During the trial, Ms. Chase made a preliminary objection that the Court did not have jurisdiction to hear the application filed March 28^th 2024. The Act states that only immovable property situated in Guyana can be adjudicated by this Court. The Act states that applications are restricted to property in Guyana.

In his argument Mr. Stoby had stated that the thrust of the Act is whether the parties were domiciled or resident in Guyana. The Court ruled that (The Married Persons Property) Act was passed to deal with Married persons which in its literal interpretation must include any property that can be classified as matrimonial property.

Mr. Stoby noted that this must include any property that can be classified as matrimonial property.

He argued that Section 4 of the Act is not restrictive, it states that property in Guyana is governed by the Act; however, it does not exclude matrimonial property situated outside of Guyana. However, Chase contended that the Act states that only immovable property in Guyana can be adjudicated by the Court.

Following Justice Singh’s decision, Chase approached the Full Court and asked that the entire decision of the court as it relates to the jurisdiction of the Court to adjudicate over immovable property situated in the United States of America be set aside and for a ruling that states that the court has no jurisdiction to hear and/or determine or otherwise deal with property situated in the United States of America as the said property falls outside the jurisdiction of Guyana.

In their ruling the judges of the Full Court of Appeal agreed with Ms. Chase. In the oral decision delivered by Justice Barlow the court ruled that the Courts have no jurisdiction under section 4 (2) of the said Act neither is there any piece of legislation or rule that allows the exercise of jurisdiction over foreign property. The judges posited that immovable property is governed by the state in which it is situated, the principle of lex situs. A cost in the sum of $200,000 was awarded against Mr. Primus to be paid to his ex-wife within six weeks of the court order.

(Local courts have no jurisdiction over foreign immovable property)

Division, divorce, Full COurt, immovable property, Supreme Court

Latest News

Local courts have no jurisdiction over foreign immovable property—Full Court rules

Related

Similar Articles

The Glenn Lall Show | December, 2nd, 2024

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

National Indoor Recurve Archery tournament to shoot off from January...

GDF ‘A’ crowned GFF/Maid Marian Women’s Cup...

Harpy Eagles to bowl off practice games ahead of...

Former British Guiana footballer Alvin Geronimo...

Guyanese MMA star Harris set for octagon return...

GCF Calls Urgent Extraordinary General Meeting to...

Features/Columnists

Boxing should be banned

Forget Begging Rich Nations: Caribbean Countries Should Act to Save Themselves

2024 – more reflections

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]

Local courts have no jurisdiction over foreign immovable property—Full Court rules

Share this:

Related

Similar Articles

The Glenn Lall Show | December, 2nd, 2024

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Features/Columnists

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]