EARLIER this week, Justice Rishi Persaud dismissed High Court proceedings filed by the Guyana Softball Association against the Minister of Education, the Permanent Secretary, Ministry of Education and the Attorney-General. In these proceedings, the Association claimed ownership of a playground located on Carifesta Avenue, which they claimed they occupied for the last few decades.

The Association also claimed damages for trespass against the Defendants and injunction restraining the Defendants from interfering with their possession or from evicting them from the playground.

The Association was represented by Mr. Rupnarine Satram and C. Satram and the Defendants were represented by Mr. Mohabir Anil Nandlall and Manoj Narayan.

The saga started when the Ministry of Education served the Association a notice to vacate the ground, which the Ministry claim is owned by the State.
The Association responded with Court proceedings and obtained an ex-parte injunction before Chief Justice Chang against the Defendants.
Mr. Nandlall, on behalf of the Defendant, made certain preliminary legal submissions that an injunction cannot lawfully be granted against the State. The Chief Justice upheld the submissions and discharged the injunction on the 20th September, 2010.

The Ministry then evicted the Association from the ground and has since taken possession of it. The Association then sought to amend the proceedings to claim wrongful deprivation of property and a breach of article 142 of the Constitution.
This application for amendments were opposed by the Attorneys appearing for the Defendants and upon hearing legal arguments from Counsel for both sides, the application for amendments was refused.

The entire proceedings was dismissed by the Honourable Justice Persaud after Mr. Nandlall for the Defendants argued that they were filed without the proper authority of the Executive Committee of the Association as is legally required.
This objection was upheld by the Judge who dismissed the matter and ordered the Association to pay costs in the sum of twenty-five thousand dollars ($25,000).