The long-running dispute between government and Toolsie Persaud involving land at Liliendaal came up for hearing before the Caribbean Court of Justice (CCJ) yesterday in a lengthy session.
Sir Fenton Ramsahoye SC appearing for the appellant, Tooslie Persaud led the charge with his submissions followed by Senior Counsel Sase Narain, Ashton Chase and Rex McKay; Attorney-at-law Neil Boston and Attorney General Doodnauth Singh, for the respondents in the case. Andrew James Investment Limited, Shivlochine Singh and the AG are the named respondents.
The CCJ reserved judgment in the case after hearing the arguments but the attorneys were asked to make written submissions in 14 days on how the court should fashion relief or remedies, were it to find favour with Toolsie Persaud’s application.
Doodnauth Singh told the court that if the local company was unsuccessful government was prepared to compensate Toolsie Persaud for any money it spent to develop the land. But Ramsahoye argued that it was a sad indictment on Guyana’s legal system that the dispute has been running since 1977 and contended that government has shown disregard for the rule of law and the constitution, and disrespect for the court by moving to construct a swimming pool on the land in dispute. President of the CCJ, Justice Michael de la Bastide enquired of the parties about the diplomatic complex that was to be constructed on the land in question and was informed that it was to be a joint venture between Tooslie Persaud and government, which failed to materialise because of superseding events.
The principle issue for determination by the CCJ is whether government can acquire by adverse possession land, which it had taken possession under an order for compulsory acquisition, which had subsequently been declared by the court to be invalid.
