-From disposing of property obtained by alleged forgery
JUSTICE Dawn Gregory-Barnes yesterday granted an interim injunction in favour of Baldeo Boudnauth, restraining his brother Lochan Boudnauth from disposing or selling a $7.5M Campbellville property, belonging to Baldeo. In quest for the injunction, the judge was asked to find that Lochan employed a system of fraud by which he set up himself as Baldeo’s Attorney; who sold and passed transport of the property held by Baldeo to himself.
At the hearing yesterday, Attorney-at-law, Mr. Moses Nagamootoo represented the plaintiff while Mr. Huckumchand appeared for the defendant.
In the meanwhile, the police have instituted proceedings in the Magistrate’s Court against Lochan Boudnauth for fraudulent conversion in respect of the said Campbellville property, which is pending.
In the statement of claim it is said that ” the Plaintiff Baldeo Boudnauth resides at 137 Rabindra  Street, South Annandale, East Coast, Demerara, Guyana and  also at 498 Keller Ave, Elmont, New York 11003, USA.
The Defendant is the eldest brother of the Plaintiff, residing at Lot 77 Section ‘G’ Campbellville, Georgetown.
The Plaintiff is the sole, lawful owner of the property situate at Lot 77 Section ‘G’ Cambellville, Georgetown with the buildings and erections thereon.
The Plaintiff lived with his family at the aforesaid property until he migrated to the United States in December, 1999.  He left the said property in the care of the Defendant, who occupied same.
Before he departed for the USA the Plaintiff and his wife did extensive repairs to the house on the property.
Upon his return to Guyana during 2000, the Plaintiff had told the Defendant that he wanted to sell the property mainly to recover the costs of the repairs. He indicated to the said Defendant a purchase price in the sum of G$7.5M and asked him to find a prospective buyer.
During November 2002 the Plaintiff received report from the Defendant that he has found a buyer for the Craig Street property, and wanted the Plaintiff to execute a Power of Attorney naming him as the Plaintiff’s duly constituted attorney to sell and convey the property.
The Defendant was sent a Power of Attorney which was signed by the Plaintiff, notarised in New York, USA and returned to the Defendant.
Simultaneously, the Defendant sent to the Plaintiff a two-page document captioned”AFFIDAVIT OF VENDOR” purportedly drawn by “Cameron and Shepherd, Attorneys-at-law” with the first page showing blank spaces.   The defendant informed the Plaintiff that after he signed the document and returned it, he would insert the date, name and address of the buyer in the blank spaces.
In total trust of his eldest brother, the Plaintiff executed the document on November 7, 2002, but did not hear from the Defendant again about the purported sale of the Craig Street property.
The Plaintiff returned to Guyana on July 15, 2008 when he resumed occupation of the Craig Street property. He went to City Hall in Georgetown to pay the rates and taxes on his property, but he was informed by an official that the aforesaid property was no longer in his name.
The Plaintiff went to the Deeds Registry in Georgetown and caused a search to be made regarding the property.  He was to discover a massive fraud perpetuated by the Defendant whereby the said Craig Street property was conveyed in the name of Lochan Boudnauth, the Defendant herein.
The Plaintiff suffered loss and damage as a result of the fraudulent acts of the defendant.
The Plaintiff then listed on the Statement of Claim the particulars of fraud.