PNCR loses court battle to take over State-owned Lethem building

The High Court has dismissed a lawsuit brought by the People’s National Congress Reform (PNCR) against the Attorney General (AG) and the Regional Democratic Council (RDC) of Region Nine (Upper Takutu-Upper Essequibo), over the removal of the party from a building in Lethem that had served as its regional headquarters for decades. Based on court documents, the defendants contended that the property is State property and the PNCR was occupying the building without permission from the State. After being served with notices to vacate by the Regional Executive Officer (REO), the party filed the case. In a judgment delivered on August 24, however, the Court ruled in favour of the defendants, finding that the PNCR had no legal right to remain on the property and that its removal did not amount to trespass or a violation of its constitutional rights. The case arose after the PNCR was removed from the Government building, located opposite Boston Street in Lethem, Central Rupununi, in March of 2023. The political party alleged that REO Karl Singh and a contractor Dale Kennedy, accompanied by members of the Guyana Police Force (GPF) had entered the building without permission, demolished parts of the structure, removed goods belonging to the party, and blocked its return.
In its application to the court, the PNCR sought declarations that its constitutional rights had been violated, along with damages for trespass and conversion of its property, and an injunction preventing the defendants from re-entering the premises. But the defendants argued that the building was State property under the control of the RDC, and that the PNCR had only ever occupied it as a licensee, rather than an owner or tenant. They further contended that the party had been repeatedly asked to leave before officials moved to reclaim the building. After hearing evidence from witnesses on both sides, the Court found that the land and building belonged to the State and were vested in the RDC. In fact, the court noted that PNCR could not produce any lease, title document, or other proof of ownership. The Court found that the party’s decades-long occupation began in the 1970s and that its presence there was best understood as permission granted by the State rather than a legal right to the property.
Moreover, the Court further determined that the RDC had given the PNCR ample notice to vacate, starting in November 2021 and repeated several times before a final deadline in January 2023, before officials acted in March 2023.

No trespass
Because the PNCR’s right to occupy the building had already been lawfully withdrawn, the Court held that the entry and recovery of the premises did not constitute trespass. Meanwhile, the judge similarly rejected the PNCR’s claims that its goods had been unlawfully converted, finding that the property removed from the building was inventoried and stored by the RDC and remained available for collection. The Court likewise found no violation of the PNCR’s constitutional rights or of international human rights protections, concluding that the Government’s actions amounted to lawful enforcement of its property rights rather than discrimination or an unconstitutional taking. As a result, the High Court dismissed the PNCR’s claim in its entirety and ordered the party to pay costs of $300,000 to the AG, the third-named defendant in the case. The PNCR was represented by Darren Wade, while AG Anil Nandlall, S.C., and State Counsel Pierre Squires represented the State. For decades, the PNCR had been occupying the building in question as its Lethem Office – for political purposes – despite the property, both building and land, being owned by the State under the purview of the RDC.
In fact, since 2022, the Government had repeatedly notified the Aubrey Norton-led party to vacate the premises since it had planned to use the site to construct a health facility to serve the people of Region Nine. However, the PNCR have refused to comply, which eventually led to the confrontation in March 2023. At the time, the GPF had said in a statement that REO Singh made a Police complaint about PNC’s representative Carl Parker and associates obstructing the region’s work on the building. Parker was accused of attempting to chase away a contractor who was working on the building under a contract from the regional administration. According to the police, ranks in Regional Division #9, acting on information, went to the Government Building where they met REO Singh and six men around at about 23:50h on March 1, 2023.
The REO indicated to the ranks that he had given the six men permission to enter the building and take off the roof, since the building belongs to the Region and it was tendered for infrastructure work to be done. “The contractor completed the task of taking off the roof at about 01:25hrs on March 2. At about 02:30 hours that morning, a motor pickup bearing licence plate #GRR 1100, driven by Carl Parker, and minibus bearing licence plate #BYY 755, driven by George Nicholson, arrived at the area where they started to ‘video’ the building. The contractor Dale Kennedy and two of his workers were inside the building at the time,” the Police explained in the statement. It was further alleged that members of the PNCR subsequently came and broke off the locks for the property.
Meanwhile, the Local Government and Regional Development Ministry at the time had noted that the illegal occupancy of the building by the PNCR was flagged on numerous occasions by the Auditor General.