High Court can hear Red House revocation case – CJ rules
Cheddi Jagan Research Centre Inc
Cheddi Jagan Research Centre Inc

Chief Justice (ag) Justice Yvonne Cummings-Edwards today ruled that the court has jurisdiction to proceed with the Red House court challenge, brought on by the Cheddi Jagan Research Centre Inc. (CJRC).

Chief Justice (ag) Yonette Cummings-Edwards

The decision was made in Chambers by Justice, Cummings-Edwards against Attorney General Basil Williams and the Guyana Lands and Surveys Commission. The Attorney General made preliminary submissions that the Court had no jurisdiction on a number of grounds.

The Chief Justice upheld the submissions made by former Attorney General, Anil Nandlall that the Constitutional division of the High Court has jurisdiction to hear a matter in which the complaint is about a breach of the Constitution; that whether the Applicant was guilty of material non-disclosure in its Affidavits, cannot be an issue which goes to the jurisdiction of the Court.

Attorney General, Basil Williams

According to a statement from Nandlall, the Chief Justice also ruled that the validity of the lease issued to the Applicant cannot be questioned at this preliminary stage of the proceedings and that issue must be determined at the trial of the case and this issue cannot affect the jurisdiction of the Court; that the President is immune from the curial process but his actions are not; that in any event, this issue must be properly dealt with after evidence is taken.

Former AG, Anil Nandlall

The statement further noted that having overruled the AG’s submissions, the Court granted leave for him to file an Affidavit in Answer within seven days and for the Applicant to file an Affidavit in Reply, if necessary. The Court further ordered that the parties should lay over their submissions and the matter is fixed for a further hearing on the 12th and 21st of April, 2017.

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