Following the successful challenges of six sets of applicants against President David Granger’s revocation of their Mahaica-Mahaicony-Abary Agricultural Development Authority-Agricultural Development Authority Act (MMA-ADA) rice lands at West Coast Berbice (WCB), three more farmers have mounted similar action in the High Court. The case will be heard by acting Chief Justice Roxane George, SC, on March 21 and the listed respondents are the MMA-ADA and
Attorney for the farmers, Anil Nandlall
Attorney General Basil Williams.
According to legal documents seen by Guyana Times, Fariel Johnson, Doreen Monah and Sharon Solomon, through their Attorney, Mohabir Anil Nandlall, are petitioning the court for several detailed declarations and court orders. The applicants are also challenging the compulsorily acquisition of their lease “without the prompt payment of any or adequate compensation”. The applicants are further seeking the court to declare that the cancellation of the said Lease is “contrary to and in violation of Article 142 of the Constitution of the Cooperative Republic of Guyana, is unlawful, null, void and of no effect.”
Meanwhile, the three leaseholders are petitioning for a Conservatory Order to be granted which would prohibit the servants and/or agents of MMA-ADA or any other Officer of the State from; “entering upon, remaining, occupying or in any manner whatsoever interfering with the Claimant’s quiet and peaceful possession, occupation and enjoyment of Lease of State Land for Agriculture Purpose.”
Apart from seeking court costs, the farmers are also asking for damages in excess of $1,000,000 for “breach of the applicant’s fundamental rights and freedoms as guaranteed to her by Articles 142 and 153 of Guyana’s Constitution.”
The three applicants claimed that there were “duly issued” with leases for 13.844 acres, 11.614 acres and 5.804 respectively in November 2014 in keeping with the provisions provided for in the Mahaica/Mahaicony Abary Agricultural Development Authority Act No 27 of 1977. The case file notes that on March 18, 2016, they observed a notice appearing in the daily newspaper under the caption “Cancellation of state land leases Seafield and No. 40 Villages, West Coast Berbice”. This notice informed them that: “Notice is hereby given that His Excellency, the President of the Cooperative Republic of Guyana has cancelled all State land leases as described in the Schedules hereunder.”
The applicants further indicated of being unaware of the reason why their Leases were cancelled and further observed that to date, they have not been offered with reasons for the revocation. The farmers also stressed that they were not afforded a hearing “by any person or body or authority offering her an opportunity to show cause” why the Lease should or should not be cancelled.
It was in August 2017 that the acting Chief Justice ruled in favour of Joylyn, Gratien and Herman Nicholson; Tiffany Hubbard and Vaughn Aaron and Brian George and determined that their leases constitute property under Article 142 of the Constitution, and the President’s revocation of those leases amounted to depriving the applicants of property without compensating them. Justice George in December 2017 ruled similarly for three additional farmers – Phillip Johnson, Rupert Blackman and Rawle Miller. The six sets of farmers were each awarded $300,000 in court costs by Justice George which was to be paid from the Attorney General’s Chambers.
The farmers had previously claimed that it was former President Donald Ramotar who granted 50-year leases for State land located in the rear of Number 40 Village, West Coast Berbice.
whatsoever interfering with the Claimant’s quiet and peaceful possession, occupation and enjoyment of Lease of State Land for Agriculture Purpose.”
