AG moves to recover lands from owner of Car Care
Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C
Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C

…lands were sold weeks after elections

LEGAL proceedings have been initiated to recover a prime piece of property sold at an undervalued sum, weeks after the March 2, 2020 elections, by former Commissioner of the Guyana Lands and Surveys Commission (GL&SC), Trevor Benn to popular businessman, Wilfred Brandford.

The defendants to the matter are listed as Wilfred Brandford, proprietor of Car Care Enterprise; Trevor Benn, former Commissioner/Chief Executive Officer of GL≻ Julian Barrington, Chief Valuation Officer (ag), Valuation Division, Ministry of Finance and the Registrar of Lands.

Wilfred Brandford, proprietor of Car Care Enterprise

In his application to the court to recover the property, Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C, is contending negligence, misfeasance, fraud and conspiracy to injure the state by unlawful means through the execution of the transaction.

The property in contention is situated at Parcels 4725 and 4805, Block XXX, Plantation Ruimveldt, East Bank Demerara. Brandford, a board member of the GL&SC under the former A Partnership for National Unity + Alliance For Change (APNU+AFC) administration, was issued a Certificate of Title No. 2020/11 dated April 15, 2020 for the property.

This was pursuant to an Agreement of Sale and Purchase executed with the Government of Guyana, represented by the GL&SC through then Commissioner dated March 23, 2020.

The property was sold to Brandford for a mere $13.5 million. However, a review of the transaction and similar transactions revealed that similar-sized parcels of land in the same vicinity were sold by the Government of Guyana for as much as $150 million.

A Certificate of Value dated January 13, 2020 in relation to the property, was obtained by Benn from Barrington, which was reportedly prepared on the instructions of Benn and stated the current market value of the property in the sum of $60.8 million.

Two months later, a second valuation dated March 18, 2020, was obtained by Benn from Barrington for the same property, which was again requested by Benn and stated the value of the property as $13.5 million. Nandlall submitted to the court that Benn, in breach of his fiduciary duties, unlawfully and conspiratorially entered into the Agreement of Sale to sell the property for the sum of $13.5 million.

The AG is also contending that Benn deliberately failed and/or neglected to consider the first valuation which was a significantly higher price and proceeded with the sale at the lower value.

“This act by the Second Named Defendant [Benn] was reckless, negligent, unlawful, in breach of fiduciary duty and constituted a fraud causing the State of Guyana to suffer loss and damage,” the court document states.

The Attorney-General, in his application to the court, explained that the power to sell State Lands is vested in the President by virtue of Section 3(1) of the State Lands Act, Cap 62:01. He noted that this function was never delegated to Benn. Nandlall, in his application, also explained that Benn sought no input from any other person or department within the GL&SC, nor from the President to effect the sale and he abandoned all internal processes with respect to the sale of State Lands.

Further, Nandlall is contending that Brandford entered into the Agreement of Sale and Purchase with full knowledge of the true and current market value of the properties and that the said agreement will be disadvantageous to the State and beneficial to him.

“The First Named Defendant [Brandford] relied upon his relationship with the Second Named Defendant and the position of influence he held on the Board of the Guyana Lands and Surveys Commission to secure a favourable transaction to him,” the court document states.

As such, the Attorney-General contended that Benn, in collusion with, and in conspiracy with, Brandford and Barrington, acted in a reckless and negligent manner, in gross dereliction of his duty as Commissioner of GL&SC and his fiduciary and statutory duty to the State and the people of Guyana.

In February, 2021, Nandlall had written to Brandford asking him to relinquish the said lands; he had informed Brandford that the issuing of the title to him constitutes a clear and egregious fraud and there is enough evidence to prove so, and to set aside the title on those grounds. In his letter, the AG noted that Brandford will be afforded no protection in these circumstances under the Land Registry Act, Chapter 5:02 and the state is willing to set aside legal proceedings if the lands are relinquished.

The state is claiming for a declaration that the sale of the property is illegal, unlawful, null, void, repugnant and contrary to public policy; a declaration that the title to the property was obtained unlawfully, illegally and by fraud and an order directing the Registrar of Lands to set aside the title on those grounds.

The state is also seeking a declaration that Brandford has been unjustly enriched in the sum of approximately $150M; an order for Restitution to the State of the said property; an order of disgorgement of any sums paid by Brandford to the State and an order that Brandford deliver possession of the property.

In excess of $500M is also being sought for loss and damages suffered as a result negligence and/or breach of the duty of care owed to the State.

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