The legality of Attorney General Charles Ramson’s written instruction to the Deputy Supreme Court Registrar Rashid Mohamed directing the return of three vehicles seized from CLICO (Guyana) is in dispute.
Senior Counsel Rex McKay, who represents A.H &L Kissoon Ltd on whose behalf the vehicles were levied, has written Mohamed asking him to explain the removal of the vehicles from the High Court compound. The vehicles were removed on Monday and returned to the company’s Camp Street location from where they were removed last week Thursday.
Legal observers have noted that Rule 36 of the Rules of the High Court Chapter 302 of the Laws of Guyana states that any levy proceedings whether legal or illegal can only be released by an order of the court.
In a letter dated August 14, Ramson informed that he understood that pursuant to Mohamed’s instructions, a marshal levied on the vehicles in respect of a judgement granted by Justice William Ramlal. He noted that the vehicles were removed “notwithstanding the objections by the Manager of the company.” The company’s Assistant Manager Geeta Singh-Knight was almost arrested as she attempted to prevent the seizure last week.
Ramson further reminded that all the assets of CLICO (Guyana) are subject to Judicial Management consequent to an order from the Chief Justice and as such the assets are “therefore not exigible to execution unless upon his [the Chief Justice] direct order.” He said the acts of the Marshal are therefore “unlawful and/or devoid of any judicial authority” since the Order of the acting Chief Justice was made. “Consequently, as the Principal Legal Adviser of the State, and the Law Officer who has responsibility for the wrongful acts of the Registrar and other public officers, I am instructing you to return the aforesaid vehicles to the registered owner which is subject to a Judicial Management Order. Failure to heed this instruction will result in such action against you as I may determine,” Ramson wrote.
After Mohamed acted on the instructions issued by Ramson, McKay on Tuesday questioned whether the vehicles were removed by an order made by a judge of the High Court of the Supreme Court of Guyana inasmuch as “no one had the right to interfere with them in any way except by virtue of an order of the court.” “Your urgent reply will be appreciated. However, should you not make a timely response to my inquiry I will regard the removal of the vehicles as unauthorised and advise my client to institute legal proceedings as are necessary,” Mc Kay said.
The levying on the vehicles followed an agreement by the High Court to an application to levy on the vehicles in September 2008, months before the company was placed under judicial management in February last. Kissoon moved against it and several other insurance companies following their delay in honouring insurance claims when the Park Hotel on Main Street went up in flames in 2001.
On September 11, 2008, Justice Ramlal issued the order, after the lawyers for all the companies consented, ordering that some $146.1 million be paid to A.H. and L. Kissoon together with interest of 6% per annum from June 4th 2001 to the date of the order. The CLICO portion without interest was $56.9M.