DEFENCE Counsel Mortimer Coddett, who is representing United States-based Guyanese Farouk Yassin in an alleged fraud case against lawyer Hubert Rodney, is claiming that although the summons was filed against the defendant several days ago, the Marshal has not been able to effect service on Rodney.
The summons by Yassin and issued by Coddett is contending that following a disagreement between the lawyer and client over non-payment of fees and a failure to honour an agreement concerning an insurance policy, Rodney filed a claim demanding a total of $24M from Yassin, which ended at the Mediation Court which ordered Yassin to pay $6M to Rodney.
Now in his summons, Yassin is claiming that the defendant betrayed the trust that he, the plaintiff, placed in the defendant who allegedly fraudulently inveigled him to give him a notice of assignment of an insurance policy held by North American Fire and General Insurance Company Ltd (NALICO) for a property at Lot 94, Line Path D, Corriverton.
Yassin is claiming that Rodney thereafter started discussions with NALICO to settle a fire claim and finally, without the consent or consultation with the plaintiff, settled for $6M which the plaintiff immediately rejected and dismissed the defendant from representing him.
He is alleging that Rodney, nevertheless, brought several actions against him and succeeded in first getting an order stating that he was entitled to 35% of the $6M for fee together with interest at the rate of 6%.
Thereafter, he alleges that Rodney proceeded to collect the remaining sum left of the $6M and put the monies to his own use, thus depriving the plaintiff from receiving any monies from his claim and or preventing him from reopening the negotiations with the insurance company.
The statement of claim adds that although the plaintiff and defendant only knew each other for a short while, they became close friends to the extent that the defendant confided in the plaintiff that he was facing difficult financial circumstances whereupon the plaintiff voluntarily, in good faith, transferred a piece of land at 117 Line Path B, Corriverton, so as to enable him to obtain a mortgage.
Yassin claims that Rodney is now refusing to return the property to him.
He is seeking:
(a) A cancellation of the notice of assignment dated 1st June, 2008 on the ground of fraud.
(b)   A return of the $6M the defendant obtained from NALICO on the ground of fraud together with interest.
(c)   A return of the property at Lot 117 Line Path B, Corriverton, also described as Parcel 47 Block XIX, on the ground of fraud.
(d)  Such further or other orders as may be just.