The government has filed court action to have lands sold to Car Care Enterprise owner Wilfred Brandford repossessed and former Lands and Surveys Com-missioner Trevor Benn and former Ministry of Finance Valuator Julian Barrington were also sued in excess of $100M each for their roles in the transaction.
“The cumulative effect of the actions of the Defendants was to harm the national patrimony of Guyana and to cause severe financial loss to the people and Government of Guyana,” claimant Attorney General Anil Nandall states in court documents, where Brandford, Benn and Barrington are listed as defendants.
The document contends that “the Agreement of Sale dated the 23rd of March, 2020 between the First Named Defendant (Brandford) and Second Named Defendant (Benn) for the property situate at Parcels 4725 and 4805, Block XXX, Plantation Ruimveldt, East Bank Demerara, comprising 0.710 and 0.0887 of an acre respectively held under Certificate of Title No. 2020/1111 dated the 15th day of April, 2020 is illegal, unlawful, null, void, repugnant and contrary to Public Policy.”
Stabroek News had last month reported that Brandford was written to by Nandlall where the Attorney General had pointed to the sale of state lands by the Guyana Lands and Surveys Commission (GL&SC), which he noted was in itself out of the legal portfolio of the former GL&SC Head.
Nandlall had told Brandford that the $13.5 million paid for the 0.710 and 0.887 acres was significantly lower than others sold to other applicants, with one person paying some $150M for a similar size in a location not far away.
Brandford had told Stabroek News that the $13.5M he paid for the lands at the entrance to South Ruimveldt, was too high a figure since he has spent tens of millions developing it over a 17-year period.
“When one will leave out the 17 years I spent and the millions upon millions and millions to develop that spot, the fact that I had at one time PPP/C support and that I was one of the first to be there, to single me out? You must have an agenda,” Brandford had said.
The Attorney General is claiming that “Certificate of Title No. 2020/1111 dated the 15th day of April, 2020 was obtained unlawfully, illegally and by fraud” and wants an Order directing the Registrar of Lands to set aside Certificate of Title No. 2020/1111 dated the 15th day of April, 2020.
Nandlall is also seeking “A Declaration that the First Named Defendant, Wilfred Brandford, trading as Car Care Enterprise, has been unjustly enriched in the sum of approximately one hundred and fifty million Guyana Dollars ($150,000,000) which is the true representation of the value of the property situate at Parcels 4725 and 4805, Block XXX, Plantation Ruimveldt, East Bank Demerara, comprising 0.710 and 0.0887 of an acre respectively held under Certificate of Title No. 2020/1111 dated the 15th day of April, 2020; An Order for Restitution to the State of the property situate at Parcels 4725 and 4805, Block XXX, Plantation Ruimveldt, East Bank Demerara, comprising 0.710 and 0.0887 of an acre respectively held under Certificate of Title No. 2020/1111 dated the 15th day of April, 2020; An Order for disgorgement of any sums paid by the First Named Defendant to the State; An Order that the First Named Defendant do deliver up possession of the property situate at Parcels 4725 and 4805, Block XXX, Plantation Ruimveldt, East Bank Demerara, comprising 0.710 and 0.0887 of an acre respectively held under Certificate of Title No. 2020/1111 dated the 15th day of April, 2020, to the State.”
The state is also seeking, “Damages in excess of one hundred million dollars ($100,000,000) against the Second and Third Named Defendants for loss and damage suffered as a result of (alleged) negligence and/or breach of the duty of care owed to the State of Guyana; Damages in excess of one hundred million dollars ($100,000,000) for loss and damage suffered as a result of (alleged) conspiracy and/or breach of the duty of care owed to the State of Guyana by the Second and Third Named Defendants; Damages in excess of one hundred million dollars ($100,000,000) for loss and damage suffered as a result of (alleged) breach of fiduciary duty owed to the State of Guyana by Second Named Defendant; Damages in excess of one hundred million dollars ($100,000,000) for (alleged) misfeasance in public office committed by the Second Named Defendant; Damages in excess of one hundred million dollars ($100,000,000) for loss and damage suffered as a result of (alleged) fraud committed by the First, Second and Third named Defendants; Interest in accordance with Section 12 of the Law Reform Miscellaneous Act, Chapter 6:02, Laws of Guyana.”
According to Nandlall the former GL&SC Head Benn abandoned all internal processes with respect to the sale of State Lands. In consequence thereof, there was no competitive bidding and the entire process was sanctioned entirely by him in violation of the provisions of the State Lands Act, Cap. 62:01. Noted too was that he was not legally authorized to sell lands.
The Chief Valuation Officer, Nandlall states, was instructed to provide a valuation to then Lands and Surveys Commissioner and the Certificate of Valuation dated 13th January 2020.
That certificate stated that the market value was $60.8 million. Nandlall says that “a mere two months later” a second valuation was carried out at Benn’s request and the value was given as $13.5 million.
