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Bharat Jagdeo                       Annette Ferguson

30th March 2021

Source

High Court Judge Sandra Kurtzious in a default judgment has ordered Vice President Bharrat Jagdeo to pay $20 million in damages to former junior Minister of Communities Annette Ferguson who had filed a libel lawsuit against him last year.

The default judgment was as a result of Jagdeo’s failure to file a defence within the required time and is provided for under Part 12:01 (2) (d) of the Civil Procedure Rules of the Supreme Court of Judicature.

Last year, Ferguson, who served as a minister under the previous APNU/AFC Government filed a libel suit against Jagdeo, who was the then Leader of the Opposition and Guyana Times in which she sought more than $20 million in damages for the libel.

The lawsuit stemmed from statements made by Jagdeo in which said that Ferguson acquired significant wealth within only two years of serving in the Government.

Jagdeo alleged that the former minister used public office to acquire several plots of lands at Eccles, East Bank Demerara on which she was building a sprawling house.

The statements made by Jagdeo were later published in the Guyana Times. In the lawsuit, Ferguson maintained the statements were slanderous and untrue and caused irreparable damage to her character and reputation.

Moreover, Ferguson had argued that the statements and publications suggested that she acquired unexplained wealth by dishonest means.

The former Government minister had called on Jagdeo and Guyana Times to provide evidence to the court to support the statements.

The former APNU/AFC Government Minister contended that the article was deliberately written and circulated by Guyana Times to tarnish her reputation and to cause right-thinking persons to think that she is a corrupt and dishonest person.

Apart from $20 million in damages, Jagdeo was also ordered to pay $75,000 in court costs to Ferguson.

A Court Order seen by this publication made it clear that if Jagdeo fails to comply with the terms of the Order, he will be held in Contempt of Court, and may be liable to imprisonment or to have his assets confiscated. In the meantime, Ferguson’s lawsuit against Guyana Times is still before the Court.

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@Django posted:

Court tells Jagdeo to pay Annette $20 million for libel

Bharat Jagdeo                       Annette Ferguson

30th March 2021

Source

High Court Judge Sandra Kurtzious in a default judgment has ordered Vice President Bharrat Jagdeo to pay $20 million in damages to former junior Minister of Communities Annette Ferguson who had filed a libel lawsuit against him last year.

The default judgment was as a result of Jagdeo’s failure to file a defence within the required time and is provided for under Part 12:01 (2) (d) of the of the Supreme Court of Judicature.

One needs to comply with the requirements of the laws.

It will be of interest to see how the case will proceed where former president David Granger failed to present the needed documents/defense by the designated/specific time frame.

FM
@Totaram posted:

Well, well...stay tuned for Kakakant to say that the judge is a PNC dis and dat.  Was it Ilum who said the opposition can't win a case?  Calling Ilum, calling Ilum. is Ilum in the house? If Jagdeo doesn't pay lock him up.

Maybe she has plans to move into.his mansion!

This seems to be the reason for.the Anus threat.to.take her to.court! This.is.an AG? Seems to emulate.Witless Willie!

FM
Last edited by Former Member

Bharrat Jagdeo

Bharat Jagdeo

Source

March 31 ,2021

For failing to file his defence on time in a libel action brought against him, Vice President Bharrat Jagdeo has been ordered to pay former Minister within the Ministry of Communities Annette Ferguson, the sum of $20,000,000.

The judgment which was granted β€˜in default of defence’ was handed down by Justice Sandra Kurtzious on March 11th, after Jagdeo failed to file his defence within the time specified in accordance with the Civil Procedure Rules (CPR).

Following the Order, Jagdeo’s attorney Anil Nandlall issued a statement yesterday citing β€œexceptional” circumstances behind the non-filing of the defence and said that the  Vice-President has every intention of defending the proceedings and an application will be made to set aside the judgment.

Annette Ferguson

In January of last year, Ferguson filed a $60M lawsuit against Jagdeoβ€”the then Opposition Leader and the Guyana Times newspaper, over what she said were libellous statements made by the two, calculated to damage her character and reputation.

The matters were conducted separately. The action against the Guyana Times is still pending.

According to the judgment entered on March 15th against Jagdeo, Justice Kurtzious noted that the default judgment was being made against Jagdeo in accordance with Part 12:01 (2) (d) of the CPR.

The effect, she noted, is Jagdeo’s failure to file his defence within the time required.

The CPR demands strict adherence to timelines.

Subsection (1) of the Rule states, β€œwhere a defendant has failed to file a defence within the time required under these Rules, a Claimant may obtain a default judgment against that Defendant without a trial subject to the provisions of this Part, unless another Rule, Practice Direction or Order prohibits it.”

Anil Nandall

Subsections (2) (d) then states, β€œfor an unspecified sum of money, default judgment may be awarded with damages to be assessed.”

The Order made by the judge notes that having read the application by Ferguson (the Claimant), and evidence adduced by her attorney, the Court made the judgment against Jagdeo to the tune of $20,000,000 which he has to pay Ferguson.

Justice Kurtzious also granted Ferguson costs in the sum of $75,000 which has to be borne by Jagdeo as well.

The court Order goes on to specify that failure to comply with the judgment will amount to contempt of court for which the defendant may be liable to imprisonment or have his assets confiscated.

Nandlall’s statement

Nandlall, also the Attorney General, said that Marshals of the High Court yesterday served upon the Office of Vice President  an Order of Court which states that a Default Judgment was granted on the 11th day of March, 2021 against  Jagdeo.

Nandlall said that the judgment was granted without the knowledge of Jagdeo and his Attorneys-at-Law, and in their absence.

Nandlall noted that the judgment stemmed  from libel proceedings filed by Ferguson against Jagdeo on the 9th of January, 2020. The proceedings included applications for Injunctions.  Jagdeo was represented by  Nandlall, who appeared at the hearings for the injunctions, filed the required affidavits, and made legal submissions.

The statement said that on the 25th day of February, 2020, a Judge of the High Court dismissed the Applications filed for Injunctions after considering the Affidavits and hearing the legal submissions made.  The statement said that Jagdeo pleaded the defence of justification and fair comment in his Affidavits.

The statement said that at or about the 24th of February 2020, a Defence on behalf of  Jagdeo became due under the Rules of Court. Nandlall noted  that this was a mere week before March 2nd 2020 General and Regional Elections.

β€œMr. Jagdeo is General Secretary of the People’s Progressive Party and Leader of the List of the PPP/C Candidates and Mr. Nandlall, an Executive Member of the PPP, Legal Advisor to the PPP, a Candidate on the List as well as the party’s Assistant Chief Elections Scrutineer, had multiple responsibilities in relation to and in connection with the impending elections, including meeting with the Guyana Elections Commission, meeting with International Observer Teams, planning and preparing for Election Day as well as campaigning across the country.

β€œAs a consequence, the Defence though prepared was never filed in the Court.  The Elections were then marred by a series of ensuing unforeseen and unprecedented actions, including, a series of litigation, a national recount and then even more litigation, until the results were finally declared on August 2nd 2020.

β€œSignificantly, in March 2020, Guyana was hit with the Covid-19 pandemic which caused the Judiciary to close operations for a period, barring election-related litigation. In consequence, the Supreme Court Registry was closed and Lawyers were advised to close their offices.

β€œThe aforesaid exceptional circumstances, contributed to the error of the non-filing of the Defence not being detected”, Nandlall asserted.

He said that it was interesting to note that the default judgment was obtained over one year after the Defence became due and neither Jagdeo nor his lawyers were in any manner notified, whatsoever, so that their default could have been remedied.

β€œSignificantly, it appears as though damages were assessed, an examination of the Court’s record does not indicate that there was any hearing where these damages were assessed. Mr. Jagdeo and his Lawyers, even without filing of a Defence, ought to have been notified of such a hearing to be able to interrogate, the evidence presented to the Court. This was not done”, Nandlall added.

He said that the Rules of Court provide for an application to be made to set aside default judgments and currently, an application to this effect is being made.

β€œMr. Jagdeo has every intention of defending these proceedings”, Nandlall added.

Ferguson’s case

Ferguson, through her attorney Lyndon Amsterdam had alleged that Jagdeo had made what she said were untrue statements regarding her acquisition of land.

In an interview with this newspaper last year following one of the hearings, Amsterdam had said that he had submitted to the court all relevant documents substantiating that his client owned a single property on only one plot of land, and not three house lots as was disseminated by the defendants.

He had said, too, that contrary to statements made suggesting that his client suddenly came into wealth after becoming a government minister in 2015, her financial records of income have been submitted to the court substantiating her income way before 2015.

The lawyer had said that in fact, his client had been able to secure a bank loan which she used to acquire the only house she owns at Eccles, East Bank Demerara for which she has legally been given title.

In court documents seen by this newspaper, Ferguson had said that she earned a salary of $695,000 monthly along with an allowance of telephone at $10,000; electricity $50,000 and entertainment $1,500.

Duty allowance was paid at $1,500, parliamentary allowance $30,000; Committee $8,289 and internet $10,000.

In her suit against Jagdeo, Ferguson was seeking damages in excess of $50,000,000 for libel she said he committed on two separate occasionsβ€”December 5th and 12th of 2019 for which she was asking for more than $25M in damages for each occasion.

Meanwhile, as regards the libellous statements she said were published by the Guyana Times, the former Minister is seeking damages in excess of $10M.

Django
@Ramakant-P posted:

Jagdeo alleged that the former minister used public office to acquire several plots of lands at Eccles, East Bank Demerara on which she was building a sprawling house.

They should have investigated this allegation more. It might be a conflict of interest.

Ratman LIED ,have no evidence of the allegation ,the weak excuses by Nandlall won't help.

Django
@Ramakant-P posted:

Evidence can be destroyed as the PNC always do.  The PNC burned down Custom's house to hide their misappropriation of funds. The transport and harbours dept building was also gutted down.  These PNC bastards even burned down congress place.

All evidence are in the open and documented ,regarding the land acquired by Anette ,house lot was applied for since PPP was in government. She took a loan to built her house.

Django
@Django posted:

Jagdeo ordered to pay Ferguson $20m over libel action after failing to file defence

-Nandlall cites β€˜exceptional’ circumstances, application to be made to set aside judgment

Source

March 31 ,2021

Bharrat Jagdeo

Bharat Jagdeo

Annette Ferguson

For failing to file his defence on time in a libel action brought against him, Vice President Bharrat Jagdeo has been ordered to pay former Minister within the Ministry of Communities Annette Ferguson, the sum of $20,000,000.

The judgment which was granted β€˜in default of defence’ was handed down by Justice Sandra Kurtzious on March 11th, after Jagdeo failed to file his defence within the time specified in accordance with the Civil Procedure Rules (CPR).

Following the Order, Jagdeo’s attorney Anil Nandlall issued a statement yesterday citing β€œexceptional” circumstances behind the non-filing of the defence and said that the  Vice-President has every intention of defending the proceedings and an application will be made to set aside the judgment.


The effect, she noted, is Jagdeo’s failure to file his defence within the time required.

Nandlall’s statement

Nandlall, also the Attorney General, said that Marshals of the High Court yesterday served upon the Office of Vice President  an Order of Court which states that a Default Judgment was granted on the 11th day of March, 2021 against  Jagdeo.

Nandlall said that the judgment was granted without the knowledge of Jagdeo and his Attorneys-at-Law, and in their absence.

Interesting times ahead for this matter.

One needs to see how this will evolve bases on further proceedings and issues for this matter.

FM
Last edited by Former Member
@Django posted:

All evidence are in the open and documented ,regarding the land acquired by Anette ,house lot was applied for since PPP was in government. She took a loan to built her house.

@Django Jangles, yuh fren Ksazma / Ilumpy wuz also pon record hay sehhing or implying de homan teef. De posts in archives. Call up yuh cousin Dave and ask he weh Ilumpy deh nuh?

Afta all, yuh cousin Dave is wan beeeeeggggg supporta of going afta people akkarding to dat post yuh show we. He is wan big "justice" man.

FM

[[[Quote]]

β€œIn March 2020, Guyana was hit with the COVID-19 pandemic, which caused the Judiciary to close operations for a period, barring election related litigation. In consequence, the Supreme Court Registry was closed and lawyers were advised to close their offices.”

As a consequence, the statement noted that the defence though prepared was never filed in the Court.

The release pointed out that it is interesting to note that the default judgment was obtained over one year after the defence became due, and Jagdeo nor his Lawyers were in any manner notified, whatsoever, so that their default could have been remedied.

While the ruling has been passed, the statement outlined that steps are being taken for the default judgment to be set aside in accordance with the Rules of the Court.

β€œβ€¦Currently, an application to this effect is being made, Jagdeo has every intention of defending these proceedings,” the statement added.

[[[Unquote]]]



Judge orders Jagdeo to pay former Minister Ferguson $20M for libel

Mar 31, 2021 News, Source - https://www.kaieteurnewsonline...guson-20m-for-libel/

Kaieteur News – In a default judgment, High Court Justice, Sandra Kurtzious, has ordered Vice President, Bharrat Jagdeo, to pay $20 Million in damages to former Junior Minister of Communities (Housing), Annette Ferguson, for defamation.

https://www.kaieteurnewsonline.com/images/2021/03/jagdeo.jpegVice President, Bharrat Jagdeo.

Last year before demitting office, the Junior Minister filed a lawsuit against Jagdeo and the Guyana Times Newspaper claiming in excess of $20M in damages for libel. The case against Guyana Times is still pending in Court.
According to the Court Order seen by this publication, the default judgment follows Jagdeo’s failure to file a defence against the libel suit within the required time provided for under Part 12:01 (2) (d) of the Civil Procedure Rules of the Supreme Court of Judicature.

Apart from $20 Million in damages, Jagdeo was also ordered to pay $75,000 in court costs to Ferguson.

https://www.kaieteurnewsonline.com/images/2021/03/ferguson.jpg

Former Minister of Communities (Housing), Annette Ferguson.

A Court Order also stated that if Jagdeo fails to comply with the terms of the Order, he will be held in Contempt of Court, and may be liable to imprisonment or have his assets confiscated.

In response to the judgment, a statement issued by the Attorney General’s Chambers disclosed that Jagdeo’s error of the non-filing of the defence was owing to some exceptional circumstances.
The statement explained that the defence was due at or about the 24th of February 2020, about a week before the Regional and General Elections.

β€œIt would be observed that this was a mere week before March 2, 2020 General and Regional Elections. Mr. Jagdeo is General Secretary of the People’s Progressive Party and Leader of the List of the PPP/C Candidates and (Anil) Nandlall, an Executive Member of the PPP, Legal Advisor to the PPP, a Candidate on the List, as well as, the party’s Assistant Chief Elections Scrutineer, had multiple responsibilities in relation to and in connection with the impending elections, including meeting with the Guyana Elections Commission, meeting with International Observer Teams, planning and preparing for Election Day, as well as, campaigning across the country,” the statement added.

Further, it noted the elections were then marred by a series of ensuing unforeseen and unprecedented actions, including, a series of litigation, and a national recount and then even more litigation, until the results were finally declared on August 2, 2020.

β€œIn March 2020, Guyana was hit with the COVID-19 pandemic, which caused the Judiciary to close operations for a period, barring election related litigation. In consequence, the Supreme Court Registry was closed and lawyers were advised to close their offices.”

As a consequence, the statement noted that the defence though prepared was never filed in the Court.

The release pointed out that it is interesting to note that the default judgment was obtained over one year after the defence became due, and Jagdeo nor his Lawyers were in any manner notified, whatsoever, so that their default could have been remedied.

While the ruling has been passed, the statement outlined that steps are being taken for the default judgment to be set aside in accordance with the Rules of the Court.

β€œβ€¦Currently, an application to this effect is being made, Jagdeo has every intention of defending these proceedings,” the statement added.

The court case stems from the publication of an article by the newspaper that claimed that Ferguson used her office as Minister to acquire more than one parcel of land at Eccles. The statements made by Jagdeo, at a press conference, were later published in the Guyana Times.

Jagdeo alleged that the former Minister used public office to acquire several plots of land at Eccles, East Bank Demerara, on which she was building a sprawling house. In the lawsuit, Ferguson maintained the statements were slanderous and untrue and caused irreparable damage to her character and reputation. As a result, Ferguson requested the millions in damages from Jagdeo and the publication. The claim drafted by Ferguson’s attorney, Lyndon Amsterdam, outlined on December 11, 2019, an article of the newspaper reported that Jagdeo made allegations against Minister Ferguson, claiming that she has had a swift rise in wealth within two years of becoming a Minister.

The applicant (Ferguson) had asked Jagdeo and Guyana Times to prove to the court, with evidence that claims made about misappropriation, rise in wealth, and the Minister’s ownership of three house lots at Eccles, East Bank Demerara (EBD), are true. She contended that the tenor and contents of the article suggest that as a Minister in Government, she acquired unexplained wealth by dishonest means.

She also contended that contents of the article were deliberately written and circulated by the newspaper to tarnish her reputation as a Minister of Government and cause right thinking person’s to think that she is a corrupt and dishonest person.

Ferguson noted that the newspaper also used an aerial picture in support of the article to create the impression to the public that the claims were true that she has more than one parcel of land, whilst that is not true.

FM
@Ramakant-P posted:

That is not your concern. Day after day you harassed the VP for absolutely no reason.  Stay in Canada and shut your mouth. Jagdeo has a right to defense.  Granger and the PNC used their parliamentary lawyers to defend their cases.

So, tell us! Where.are YOU daubing your.shit.from?.Mits claims you're.in Brampton! Disprove.please!

FM
Last edited by Former Member
@Ramakant-P posted:

That is not your concern. Day after day you harassed the VP for absolutely no reason.  Stay in Canada and shut your mouth. Jagdeo has a right to defense.  Granger and the PNC used their parliamentary lawyers to defend their cases.

Oh Raas! Alyo look how Rama lend out his handle to Miss Bibi. This is her style of writing and not Rama's.

Mitwah
@Mitwah posted:

Oh Raas! Alyo look how Rama lend out his handle to Miss Bibi. This is her style of writing and not Rama's.

Kakakant ( a name he got from calling Moses a similar name) is definitely renting out out his handle.  It shows he has no integrity or people are taking advantage of him.  If Miss Bibi is one of the people using his name she should be prepared for the consequences. 

T

Jagdeo applies for stay of $20M judgement in Ferguson’s libel case

…wants lawsuit dismissed for non-compliance with High Court rules

Vice President Bharrat Jagdeo has applied to the High Court asking for an interim order staying the enforcement of a $20 million default judgement awarded against him to former A Partnership for National Unity/Alliance For Change (APNU/AFC) Government Minister Annette Ferguson, who filed a libel suit against him in January 2020.

Vice President Bharrat Jagdeo

The application has been made before the very Judge who ruled in Ferguson’s favour, Justice Sandra Kurtzious.
In court documents seen by Guyana Times, Jagdeo is also asking for an order setting aside the judgement and another order dismissing Ferguson’s lawsuit. On March 11, 2021, Justice Kurtzious pursuant to Part 12:01 (2) (d) of the Civil Procedure Rules (CPR) of the Supreme Court of Judicature rendered the default judgement after Jagdeo failed to file a defence within the required time.
Given that the lawsuit was filed in January 2020, and that no action was taken by Ferguson until February 24, 2021 when she applied for a default judgement, Jagdeo, through his lawyer, Devindra Kissoon, is contending that the case should have been dismissed for delay in accordance with Part 13 of the High Court rules.
Moreover, he argues that his lawyers were not informed that Ferguson had applied for such a judgement.

Attorney-at-Law Devindra Kissoon

As a result, Jagdeo argues that the order for a default issued by Justice Kurtzious is improper and irregular. β€œFor this reason alone, it is respectfully submitted that the [judgement] Order be set aside and the Statement of Claim dismissed. [Ferguson] has not fulfilled the requirements necessary for the grant of a default judgement,” Jagdeo’s counsel argues.
According to Kissoon, Ferguson failed to inform the Court that she has filed identical proceedings against Guyana Times arising out of the same comments made by his client. In the statements, Jagdeo allegedly questioned her acquisition of land and the construction of her home.
Since Ferguson’s claim was for an unspecified sum in damages, Jagdeo argues that the Court should not have issued a default judgement sum, but rather invite his lawyers for an assessment of same.

Not be penalised
Shortly after the filing of the lawsuit, Kissoon said that Jagdeo retained Anil Nandlall, SC, the current Attorney General, to represent his interest. The lawyer added that Nandlall drafted a defence in this matter before January 27, 2020, but owing to several reasons, the defence was not filed.

Former APNU/AFC Government Minister Annette Ferguson

Kissoon deposes that at the time the defence was due, Nandlall was legal adviser to Jagdeo, who was at the time Leader of the Opposition, and was also a senior member of the People’s Progressive Party (PPP) who was responsible for large portions of the Party’s campaign for the March 2020 General and Regional Elections.
Even after the elections concluded, Kissoon added that Nandlall continued to be extensively and exclusively engaged in matters relating to elections, including acting as lead counsel in elections-related litigation, as well as matters involving a recount of votes.
β€œThese tasks resulted in Mr Nandlall inadvertently failing to file the defence though drafted. This inadvertence was not due to neglect, but rather a combination of unusual and exceptional circumstances, which caused counsel to simply be unable to comply with the time limits established by the rules.”
Additionally, Kissoon submitted that the COVID-19 pandemic resulted in the shuttering of Nandlall’s law office for several months and the subsequent relocation of files. Because of this, the lawyer stated that Nandlall did not discover that the defence, though drafted, was not filed.
According to Kissoon, β€œ[Jagdeo] ought not to be penalised for law office inadvertence.”
Moreover, counsel added that the Court itself did not sit for most of 2020 because of the pandemic, with matters being adjourned or held in abeyance, which is still the case today. Jagdeo’s lawyer submitted a draft of the defence at the time of the filing of this application for a stay of the judgement.

Not defamatory
Kissoon is arguing that his client has a real prospect of successfully defending the lawsuit against him since the statements made by him were not defamatory and the defences of justification, fair comment, qualified privilege, and the provisions of the Defamation Act Cap 6:03 apply.
The lawyer said that the alleged statements made by his client, when taken in context, were not defamatory, false, or malicious as is being alleged by Ferguson. β€œThe Statement of Claim contains no facts which set out how [Ferguson’s] reputation has been lowered or affected in any material way by the articles.
β€œIn any event, it is clear from the facts alleged in the Statement of Claim that the comments concerned the distribution of State land and the conduct of public officials, which are matters of public interest and matters concerning the discharge of public functions, [Jagdeo], a constitutional office holder, being entitled to bring these matters to the public’s attention,” Kissoon puts forward.
Taking this into consideration, he submits that Jagdeo acted β€œreasonably and responsibly”. Maintaining that he has a complete defence against the suit, Jagdeo is now asking the Court to allow him to lead evidence that will establish that his statements were not defamatory or untrue.
Given the length and complexity of the issues in the matter, the sum of damages claimed by Ferguson, the overriding objective of the CPR and the interests of justice, assuming the Statement of Claim is not dismissed, Jagdeo’s lawyer contends that it would be prejudicial to deny him an opportunity to be heard by serving and filing his defence given that he has already been sanctioned by the Court.
Kissoon has told the Court that his client’s application is urgent, since the judgement has been entered and Ferguson may seek to enforce the judgement at any time, which warrants an immediate stay being granted.

R

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