Following correspondence from an entity which claimed that it had been authorized to take over all rights from John Fernandes Limited (JFL) regarding a collapsed $35m deal for 143 acres of land, the Beterverwagting/Triumph NDC last week wrote to JFL seeking a meeting to thrash out the issue.
“The councillor was supposed to write JFL last week indicating that they want to have a meeting to discuss the return of the money for the lands, given that they said they were no longer interested and all of that. However, we received a letter from a company – Mohammed’s Sons and Daughters Trading (MSDT) – saying that they have a Deed of Assignment with JFL and are acting on the sale,” a source at the BV Triumph Neighbourhood Democratic Council (NDC) told the Stabroek News.
“We can find nothing on the company … that sent this letter …,” he added.
BV Triumph NDC Chairman Jimmaul Bagot on Sunday confirmed that it was the Council last week that dispatched the letter to JFL, even as he informed that the NDC was disregarding any correspondence from the mystery company – Mohamed’s Sons and Daughters.
“We sent the letter to John Fernandes last week requesting a meeting at their earliest convenience,” Bagot said.
He further explained that, “We are disregarding any correspondence from the Mohamed’s company because we did not do any negotiating with them or have any agreement with them.”
Stabroek News has repeatedly tried to call John Fernandes Limited’s Chief Executive Officer, Phillip Fernandes who had in March this year told this newspaper that “Nothing has changed from our first position” which was that it would not pursue the sale .
“In response to your letter dated 15/05/2022 to John Fernandes Limited of 24 Water Street, Georgetown in regards to an Agreement of Sales with John Fernandes for Section “G” Beterverwagting, please be informed that John Fernandes Ltd is in process of signing over all their rights and interest to Mohamed’s Sons and Daughters Trading, Mining, Logging and Construction Inc., by way of Deed of Assignment,” a letter signed by MSDT’s company secretary Rhonda G Chatterpaul to the NDC stated on May 24th this year.
“Soon as the document becomes available, I will make a certified copy available for the Beterverwagting /Triumph NDC and from thereon the company which the agreement is assigned will address the NDC in relation to the matter,” the letter added.
Documents also stated that on the 13th of June the company got the Deed of Assignment referred to, which it said was entered into on the 24th of May 2022.
“Now therefore the Assignor do hereby assign all the rights, title, interest and benefits of the Assignor under the said Agreement of Sale to the Assignees for no consideration and the Assignee hereby accept the assignment of the aforementioned right, title, interest and benefits in and to the above mentioned property under the said Agreement of Sale,” the Deed of Assignment said.
Dilapidated
The company lists its Managing Director as Mohan Mohamed Johnson and its address as Lot 61 Fourth Street, Cummings Lodge, Greater Georgetown. It also lists a mobile number but repeated calls to that number have gone to voicemail.
Stabroek News visited the address given but neighbours informed that the dilapidated wooden cottage on the lands, covered in grass and small trees, was abandoned a long time ago and no one lives there. There is no bridge access to the house either.
Last December, this newspaper reported on the controversial agreement between JFL and the NDC. Details of the $35m deal had only come to light when the agreement document was leaked, according to Councilor Elton McRae, one of the nearly 100 Beterverwagting residents who own part of the contentious lands.
“Property situated at Section G consisting of 143.10 acres,… and being part of a tract of crown land comprising sections F and G Beterverwagting which contains 200 acres as shown on plans by Chalmers dated 5.1.65 and H.I Perkins dated 17.2.90 in the county of Demerara which commences at the Southern extremity of Section L and extends southwards to the East Coast Canal concession, with no buildings and/or erections thereon,” the description of the land on the agreement stated.
According to the terms of agreement, JFL was supposed to pay the NDC $20 million on signing the agreement and the remainder when the transport was passed.
McRae had noted that if the document wasn’t leaked, nearly 100 persons would have found themselves without their property whenever in the future they were ready to develop it, and he blamed the NDC.
Fernandes had said that when it learned of the objection, JFL immediately made the decision to pull out of the deal because it did not want to be a part a process where persons felt they were being shortchanged.
“When people objected and started saying we should not be buying the land and it belonged to other people, we said if there are people who made claims and there might be legitimacy to the claims, we don’t want to go against that. So it was safer for us to say, let us take a step back and we can always look elsewhere because it wasn’t an immediate need for us. We don’t absolutely need it,” Fernandes had told this newspaper.
“We were looking for opportunities of investment for possible future growth but it wasn’t something that we had a current plan for. That space isn’t something we could develop and turn into something at the moment, so it was more of a long-term consideration for us. Guyanese have gotten a raw deal for years and the last thing we wanted was to be part of something where people felt they were getting a raw deal again and we walked,” he explained.
Resolved
Controversy over the agreement continued when the NDC received a lawyer’s letter directing it to make preparations for the passing of the transport, a development which set off alarm bells among residents, who feared efforts were still being made to take their property.
“The matter at caption refers. I am instructed that my client purchased [from] your NDC on the 30th day of November, 2021, immovable property situate at Section ‘G’ Plantation Beterverwagting in the Triumph/Beterverwagting NDC Village District, East Coast Demerara, which lot consists of 143.10 acres. This missive serves to inform you that my client is ready, willing and able to complete the conveyance. In the circumstances, I shall be grateful if the necessary acts can be taken to ensure the filing, advertising and passing of transport in favour of my client,” stated the March 16, 2022 letter, which was sent by attorney Shaunella Glen-George to the BV/Triumph Overseer Michelle Otto.
The attorney’s client was not named in the letter, titled ‘Re: Agreement for sale and purchase 30th November, 2021,’ and seen by this newspaper. Calls by Stabroek News to the attorney’s mobile phone had also gone unanswered.
McRae said that the residents of the area want the matter to be resolved soonest as it seems “there is no end by persons to covet what the foreparents and people of this community worked so hard for”.
“We want this matter to be resolved quickly. John Fernandes said to the media they don’t want the lands, then they have a right to collect their money and let us move on in peace. They did not buy the land. Their $20M is there and let them collect it. Is every time there is something about these lil lands,” McRae said.
