BV NDC to refund John Fernandes deposit on controversial land sale

Jimmaul Bagot
Jimmaul Bagot

The Beterverwagting/Triumph Neighbourhood Democratic Council (NDC) is moving ahead to repay John Fernandes Limited (JFL), the monies it had lodged as a deposit for 143 acres of land being sold for $35 million, even as the company yesterday issued a public notification that it was no longer interested in or associated with the deal.

“Take Notice: John Fernandes Ltd (JFL) has no interest in the purchase or furtherance  of a sale of the property located at Section “G” Plantation Beterverwagting, in Triumph/Beterverwagting,” an advertisement placed in yesterday’s Stabroek News states.

“Further, JFL is no longer associated with any lawyer, agent, company or individual seeking the sale of the purchase of the said property,” the notice added.

Contacted by this newspaper, the Triumph/BV NDC Chairman Jimmaul Bagot informed that yesterday he had instructed the NDC’s overseer to proceed with the process for repayment to the company. “The council’s lawyer called today and he asked if we can prepare the refund and have it sent to his office as early as tomorrow. I have asked the Overseer to begin that process. But because the NDC is a government agency it takes a process.” Bagot informed.

“There are certain steps and procedures the Overseer must follow.  Once prepared the cheque will have to go to the Regional Executive Officer for him to sign also and so on. So I related to her the lawyer’s request and we are at a process where we are preparing to give them back their payment. I am going to following up tomorrow,” he added.

Recently, this newspaper reported that following correspondence from an entity which claimed that it had been authorised to take over all rights from JFL, regarding a collapsed $35m deal for 143 acres of land, the BV/ Triumph NDC had written to JFL  seeking a meeting to thrash out the issue.

Bagot had confirmed that the Council had 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 Trading (MSDT).

“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 the 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 Company Secretary, Rhonda G Chatterpaul, to the NDC stated on May 24 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 state 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.

The company lists its Managing Director as Mohan Mohamed Johnson and its address as Lot 61 Fourth Street, Cummings Lodge, in Greater Georgetown. It also lists a mobile number but repeated calls to that number by Stabroek News have gone to voicemail.

And when Stabroek News visited the address given, 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.

Bagot yesterday said that the NDC would not have entered into any agreement with a third party as it was JFL it had done business with. “The NDC, we have never done any business with anyone else on this matter. From the inception, we always held JFL accountable. That agreement came about from a proposal sent by JFL sent to us, saying ‘we have the funds and resources necessary to develop these lands you guys have in your possession’. They said a portion would be developed for residential and a portion for oil and gas,” he said.

“After persons (residents of BV) came forward with their transport, we disregarded everything,” he added.

 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 Councillor 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.

It is the $20 million that the NDC will now have to repay to the company.