-court did not grant order to prevent eviction

THE Government of Guyana has taken possession of the state-owned Red House one day after President David Granger ordered the revocation of a 99-year lease of the property granted under the People’s Progressive Party/ Civic (PPP/C) administration in 2012. And a conservatory order which was sought by Chairman of the Management Committee of the Cheddi Jagan Research Inc., Hydar Ally, preventing this was not granted by the High Court on Friday.
Ally on Friday moved to the courts requesting Conservatory Orders to restrain or prevent the government from taking possession of the Red House which has housed the Cheddi Jagan Research Inc, but government had already taken possession of the building once the lease was cancelled. The President on Thursday ordered that the occupants of the property vacate by today and announced that the National Trust of Guyana will be housed at the Kingston location.
By way of an Ex-Parte Application, affidavit for Conservatory Orders, Ally called on Chief Justice (ag) Justice Yonette Cummings-Edwards to declare that the lease of government land for educational and research purposes issued under Section 10 of the Lands Department Act, Chapter 59:01 and executed on March 30, 2012 between Doerga Persaud, Commissioner of Lands and Surveys in respect of the Red House which houses the Cheddi Jagan Research Centre for a term of 99 years from the said date is valid, binding and in force.
The application also called for a declaration that the revocation or likely revocation of lease of Government Land for educational or research purposes issued under Section 10 of the Lands Department is illegal, unlawful and contrary to and in contravention of the fundamental rights and freedoms as guaranteed and secured by Articles 40 and 142 of the Constitution of Guyana.
Additionally, an order is being sought for damages in excess of $1M for breach of lease of government land for educational or research purposes; damages in excess of $1M for breach of the applicant’s fundamental rights and freedoms as guaranteed by the Constitution of Guyana.
Conservatory Orders preventing and or restraining the government or state from ejecting or evicting the Cheddi Jagan Research Inc. until the hearing and determination of this action and preventing or restraining the Government from removing any documents, photographs, artifacts, souvenirs, furniture, fixtures, appliances and or any other property from the property were also requested.
The Acting Chief Justice summoned both the Attorney General and Guyana Lands and Surveys Commission on Friday to appear before her. Attorney General and Minister of Legal Affairs Basil Williams appeared before the Chief Justice and indicated that the declarations requested by Ally are unfounded. Williams told the Guyana Chronicle on Friday that he informed the Chief Justice that the lease was already cancelled and government has taken possession of the Red House.

“As a result, the Chief Justice asked for an undertaking that the Jagan materials would not be thrown out,” he said, noting that a commitment was made that same would not be done. Twenty One days leave was granted to the Attorney General to file an answer, while the Cheddi Jagan Research Inc was given 14 days leave to file a reply. As such, the matter has been adjourned to February 20.
“I told the Chief Justice that being a historian, the President would never consider destroying the materials belonging to Dr Jagan,” said Williams.
The Attorney General has expressed confidence that his government will win the case and explained that a heritage site cannot be leased. According to the Attorney General, the transaction was “shrouded in darkness” and noted that the rule is that a lease executed over 21 years must be done in the same manner as a transport. He explained that according to the rules, it is mandatory for such leases to be advertised in the Gazette as well as newspapers of wide circulation.
“You can’t lease a heritage site and alienate it,” argued Williams, who cited Section 13 of the Deeds Registry Act, which states inter alia that no lease of immovable property expressed to be for a term of 21 years or more shall be good, valid or effectual in law or pleadable in any Court of Justice in Guyana unless passed and executed before the Court in like manner as a transport and filed as of record in the registry. Section 13 (3) provides that every long lease mentioned in subsection (1) passed and executed before the Court and filed as of record in the Registry shall be annotated by the Registrar against the property leased.
Section 13 (2) provides that failure to file the lease of immovable property as of record in the Registry renders it not, “good, valid or effectual in law or pleadable in any Court of Justice in Guyana.”
Moreover, Williams said the lease is void on the grounds that Section 10 (1) of the Lands Department Act chapter 59:01 Laws of Guyana provides Government Lands shall only be rented or sold with the sanction of the President and on the terms and conditions determined by him.
“The President must approve the lease,” he declared, noting that government lands are created when the President issues a grant of State Land to the Commissioner of Lands and Surveys.
Section 4 of the State Lands Act, Chapter 62:01, states that whenever the President deems it convenient any State Lands could be converted into Government Lands and he may issue a grant of those lands to the Commissioner and his successors in office for and on behalf of the State as Government Lands.
“The Commissioner of Lands is the custodian of all government lands…there must be evidence of the President approving leases under Section 10 of the Lands Department Act.”
As such, the Attorney General argued that the attorneys who filed the affidavit for Conservatory Orders are misguided, as they have equated state lands and government lands. “Government lands are like private lands, state lands are converted to government lands by the President issuing the authority to the Commissioner of Lands. The Commissioner of Lands can enter a lease agreement with you.”
Additionally, Williams argued that there is no formal evidence of sanction or approval by the President at the time the lease was granted in 2012 and therefore the lease is invalid. The Red House was established under the National Trust of Guyana’s Monuments Register as a public building, national monument and heritage site.
The National trust is a body Corporate established under the National Trust Act Chapter 20:03 Laws of Guyana which is an, “Act to make provision for the preservation of monuments, sites, places and objects of historic interest or national importance.”