…says issues to be determined can’t be resolved at the interlocutory stage

CHIEF Justice Roxanne George-Wiltshire on Wednesday ruled that the issues to be determined in the Red House lease revocation court case require a full hearing, and that it could not be resolved at the interlocutory stage.

Among the issues to be determined in the case as outlined by the Attorney General Chambers are: (i) whether the President has immunity for his acts done in performance of his functions? (ii) whether officials acting for and in the name of the President are likewise immune from orders of Court? ; (iii) whether Red House gazetted as a National Monument and Heritage Site could be leased by the Commissioner of Lands and Surveys to the Cheddi Jagan Research Centre Inc. (CJRCI) without the permission of the Minister of Education; (iv) whether President Jagdeo or Ramotar sanctioned the purported lease of Red House to the CJRCI; (v) whether the failure of the CJRCI to advertise in the official gazette in the manner of executing a Transport, the purported lease of 99 years to the CJRCI, renders the lease invalid, ineffectual and incapable of being pleaded in a Court of Law; (vi) whether such a lease of 99 years ought not to have been filed in the Deeds Registry as a matter of record and annotated by the registrar as is required by the Deeds Registry Act; (vii) whether the claim of constitutional breaches ought not to be supported with particulars and facts in the Application by CJRCI.

In its statement, the AG Chambers said the Chief Justice ruled that until the hearing/trial the status quo needed to be preserved, and to that end issued an interlocutory conservatory order. The Chief Justice also applied case management and ordered the CJRCI to file its statement of claim within 21 days and 21 days thereafter for the Commissioner of Lands and Surveys to file pleadings in response. The CJRCI then had 14 days to respond to the Commissioner of Lands and Surveys pleadings.

The Chief Justice also ruled that failure on the part of the CJRCI to file its Statement of Claim within the time limited by the Court, the matter would stand dismissed. According to the AG Chambers, Attorney -at-law for the Plaintiffs, CJRCI, Anil Nandlall, was also ordered to pay costs to the Commissioner of Lands and Surveys, previously imposed by the Court, which was not paid. The matter was ordered to take its normal course. The AG Chambers and the Commissioner of Lands and Surveys are being represented by Basil Williams S.C M.P- Attorney General and Minister of Legal Affairs, Solicitor General Ms. Kim Kyte and Senior Legal Adviser, Ms. Judy Stuart.