– chief justice shot down Granger’s revocation of lease
CHIEF Justice (ag) Roxanne George-Wiltshire, on Friday, ruled that the revocation of the lease for the Cheddi Jagan Research Inc (CJRI), known as “Red House” by then President, David Granger, was illegal.
The proceedings were filed by Attorney, Mohabir Anil Nandlall, after Mr Granger ordered, on December 29, 2016, that the lease for the building be revoked and the occupants vacate the property before December 31, 2016.
As a result, a group of staff from the then Ministry of the Presidency descended onto the building and attempted to take possession of it.
On December 30, 2016, an order was made by the then Chief Justice, Yonette Cummings-Edwards preserving the occupation of the CJRI until the hearing and determination of the case.
The court has since issued a permanent conservatory order against the defendants not to remove items of the Cheddi Jagan Research Centre unless compensation is made, while the court did not award any constitutional relief because the Conservatory Orders granted were adequate.
In the Writ of Summons filed, the CJRI through its attorney, Nandlall, claimed a number of reliefs, including that its 99 years lease, from January 1, 2012, from the Guyana Lands and Surveys Commission, is binding and in force and that the purported revocation by President Granger was illegal, unlawful, and contrary to the plaintiff’s fundamental rights and freedom not to be unlawfully deprived of its property, guaranteed by Article 142 of the Constitution of the Cooperative Republic of Guyana.
The then Attorney-General, Basil Williams, appeared for the respondents. After the relevant affidavits were filed, written legal submissions were ordered and done in 2018. The matter then awaited ruling.
On Friday, Chief Justice George ruled in favour of the applicant/plaintiff, Cheddi Jagan Research Inc. and awarded costs against the respondents in the sum of $150,000.
In upholding Nandlall’s submissions, the court noted that the ‘Red House’ was vested in the National Trust, the centre was not properly registered in accordance with section 15 of the National Trust Act and as such could not be categorised as a National Monument.
Further, the court accepted the word of former President, Donald Ramotar, that the lease was granted by him, and as such, the lease was not properly revoked by the then President, David Granger, and could only have been revoked for cause. There was no evidence as to the breach of the lease by the lessee.
Additionally, the court underscored that the lease for 99 years was created property and could not be easily terminated, and as a consequence created property under the Constitution.
