After being wrongly restricted from leaving Guyana… : Rice miller Kraus now free to leave

A NISI Order which had challenged an order or injunction preventing Antonio Alejandro Kraus, a rice miller of Cotton Tree, West Coast Berbice, from leaving Guyana until certain demands had been met, was made absolute on Friday last by Acting Chief Justice Mr. Ian Chang, S.C. Consequently, the illegal restriction has been removed, and Kraus is free to leave the Republic of Guyana if he so wishes.

By an Order or Rule of Certiorari, Mr. Kraus had called upon the Chief Immigration Officer to show cause why an Order or Injunction, made by the Hon. Justice Claudette La Bennett on August 7, 2000 and restraining him from leaving Guyana, should not be quashed and/or removed on the ground that the judgment debt in the sum of $6,200,000 with interest in the sum of $200,000 was fully satisfied in September 2004.

Continuance of the order/injunction is therefore null and void, in breach of the rules of the High Court, and in breach of the rules of natural justice.

Consequent to Kraus’s application for writs or orders of certiorari and prohibition, issued by Attorneys-at-law, Mr Jainarayan Singh and Ms. Jaya Arti Singh, Acting Chief Justice Ian Chang, S.C., had, on November 14, 2012, issued a Nisi Order to the Chief Immigration Officer to show cause why an order or rule of prohibition ought not to be issued, prohibiting him from continuing to unlawfully and improperly restrict the applicant from leaving the Republic of Guyana, in breach of the ruling of the Supreme Court and the rules of natural justice.

On Friday, November 30, the Acting Chief Justice made the nisi order absolute, thereby clearing the applicant of all restrictions.

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