MADAM Justice Dawn Gregory granted injunctions to sisters Jennel and Marilyn Jansen, on October 19, 2012, preventing their eviction from the eastern half of Lot 4 Uitvlugt Front, West Coast Demerara, a property which George Benjamin of Lots 1 and 2 Cornelia Ida, West Coast Demerara, is claiming ownership of by transport.

Through their Attorney, Mr. Lyndon Amsterdam, the two sisters are alleging that the land in question, on which they reside, was previously owned by their great-grandfather, Mr. John Phero McPherson, who had obtained transport for the property on April 8, 1893.
When Mr. John Phero McPherson died, the plaintiffs’ grandmother and mother occupied a house on the land until they each subsequently passed away.
The two sisters claimed that they and their nine other siblings were born in the house on the property in question, and have lived there all their lives, until their siblings acquired their individual properties and ceased living at E 1/2 Lot 4 Uitvlugt Front, WCD.
Jennel Jansen also claims that she subsequently constructed a flat, concrete house on a part of the land, and she lives there with her five children; while Marilyn, along with her three children, still lives in the family home in which she was born.
The sisters are contending that they have acquired rights over the property as a result of their adverse possession of the land, and therefore the transport obtained by George Benjamin through the previous owner is not valid, as by law it has been extinguished.
Moreover, the Yansen sisters are contending that George Benjamin obtained his transport by fraud perpetrated on the court. The sisters have since discovered that Mr. Benjamin produced an Agreement of Sale which he claimed he had entered into with the executor of the Estate of John Phero McPherson, but that executor — John McPherson — was the brother of their grandmother, and not the same John Phero McPherson who had previously owned the land. This second John McPherson died on April 13, 1963 at 76 years old.
Apparently two persons in the Yansen family clan had been given the name “John Mc Pherson”, but the younger John Mc Pherson could not be the owner of the property in question, because, in 1893, he had been only six years old.
Additionally, the executor of the estate of the younger “John McPherson” — Royston Avid McPherson –- who had purportedly sold the land to George Benjamin, had been blind since 1994, and had since been using his thumb print as signature; but Mr. Benjamin had produced an Agreement of Sale purportedly signed by Royston Avid McPherson in perfect handwriting and dated 3rd September, 1999.
After the death of Royston Avid Mc Pherson in 2005, George Benjamin, through his lawyer, Mr. Benjamin Gibson, obtained from Justice Winston Patterson, on December 13, 2006, an Order under Section 35 of the Deeds Registry Act, Chapter 5:01, which he used to obtain transport for the property in question from the Registrar of Deeds on April 25, 2007.
Mr. Benjamin used the Order granted by Justice Patterson to obtain, On September 14, 2012, a writ of possession from the Chief Justice against another sister of the Yansen clan, Diana Howell, whom he had taken to court, and he proceeded to try to evict the two other sisters and their children from the land.
When the facts were brought to the attention of the Chief Justice by another attorney-at-law, the CJ stopped the Marshal from evicting the sisters from the land.
The sisters then retained Mr. Lyndon Amsterdam, Attorney-at-Law, who obtained the injunctive Orders stopping Mr. Benjamin from interfering with the sisters’ occupation of the land, and the attorney obtained another Order preventing Benjamin from selling, mortgaging, or in any way disposing of the land, or alienating the sisters therefrom.
Justice Gregory has ordered that all the parties appear in her chambers on November 20, 2012, on the adjourned date.