Failing to file documentary evidence in support of his claim, an application by former Mayor, Hamilton Green, to recover in excess of $5M from an occupant of his land, whom he wants off, was last month dismissed.
Justice Priya Sewnarine-Beharry, threw out Green’s case on October 16, noting that the applicant had filed no relief from sanction, for not laying over with the court, by the date set, evidence it intended to rely on.
At a September 11 case management hearing, the court set out the timetable by which certain documents were to be filed, ordering Green (the applicant) and Keith Lindo (the respondent), to submit to the court and exchange copies of their evidence, no later than September 22.
The Judge pointed out, that even if the court were to treat the notice of application filed by the applicant on October 4 as an application as relief from sanction, it had not satisfied the court that there was good explanation for the failure to file documentary evidence and witness statements when ordered by the court.
The court said, it was not satisfied with the applicant’s assertion either, that failure to file was unintentional.
Applying Part 25:04 (2) of the Civil Procedures Rules 2016, Justice Sewnarine-Beharry dismissed the case.
That section states, “The timetable set by the Court must, (a) be contained in an order of the Court; and (b) specify the date or dates on or by which each step must occur or be completed by.”
Further, the judge struck out Lindo’s counter-claim, for also failing to comply with the case management timetable for filing certain documents.
Green’s application, was to have Lindo vacate his Coverden, East Bank Demerara property. He had been seeking $30,000 per month, from January 1, 2003 to March 1, 2017; amounting to the tune of $5,130,000.
He was also seeking interest, and whatever cost the court would have found fitting to impose.
In his affidavit, Green, who said he has paid all the rates and taxes for the property, noted that he allowed Lindo possession of the land in 2001, where he has ever since remained, rent free.
Despite several promises to remove since 2003, Green said that Lindo has not done so.
In a letter dated May 6, 2016; the former Mayor said he had asked Lindo to vacate the property, albeit to no avail; noting that he has now become entitled to possession of the said property.
As a consequence, Green said he has suffered loss of income from January 1, 20o3 to March 1, 2017 at $30,000 per month.
Green was represented by attorney Narendra Singh, while Lindo was represented by attorney Mark Waldron.
The case was heard in chambers at the High Court in Georgetown.
