Saturday 28 November, 2020

CCJ rejects leave to hear land dispute in Guyana

The Caribbean Court of Justice (CCJ) has rejected a special leave application to hear a land dispute in Guyana.

The CCJ gave its ruling, today, on the application which was brought by Chandroutie Persaud and her husband Rafudeen Nizamudin against his son Javen.

The CCJ held that the Guyana Court of Appeal was correct in its decision that the regional body had no jurisdiction to hear the matter. 

In April 2018, J Nizamudin filed a Fixed Date Application in the High Court of Guyana for the sale of a property and his share of the proceeds of the sale.

The younger Nizamudin was listed as an owner, according to a Transfer of Lease.

Persaud, however, claimed that she alone owned the property and that J. Nizamudin’s name was only placed on the Transfer of Lease as a trustee for his father.

She explained that at the time, the latter was engaged in legal battles with his former wife, so it would have been unwise to place his name on the title.

She maintained that J Nizamudin never contributed to the property in any way.

 J Nizamudin disputed that fact, stating he assisted in the maintenance of the premises.

Justice Navindra Singh in the High Court of Guyana granted the order, directing the property be sold and the proceeds are distributed equally.

Persaud and her husband filed an appeal to the Court of Appeal of Guyana arguing that the matter in the High Court fell into the category of summary proceedings and therefore, the appeal was to be heard by the Full Court.

The Court of Appeal agreed with J Nizamudin and struck out the appeal.

The CCJ decided that the meaning of ‘summary proceedings’ included cases, which could be resolved quickly after the filing of the matter, without the need for the full and normal processes in the court.

It held that the case filed by J Nizamudin in the High Court was relatively fast and simple and the Court of Appeal was correct in finding they were indeed summary proceedings.

The Full Court was found to be the correct court for its appeal.

They awarded costs to J Nizamudin.

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