Judgment for Ferguson against Jagdeo stands

-after split decision at Full Court

With the Full Court divided in its finding on the appeal filed by Vice President Bharrat Jagdeo to the $20M default judgment granted against him to former government Minister Annette Ferguson that decision currently stands.

Stabroek News understands that while acting

Chief Justice Roxane George SC ruled that the default judgment should stand, Justice Priya Sewnarine-Beharry’s position was that it should be vacated.

Given the split positions of the Full Court, the ruling of Justice Sandra Kurtzious who found that

Ferguson was defamed by Jagdeo, stands.

This newspaper understands that Jagdeo’s lawyer

Devindra Kissoon, has requested an 8-week stay of execution of Justice Kurtzious’ ruling even as there is likely to be a further appeal.

Justice Kurtzious had previously imposed the default judgment against Jagdeo, because he had failed to file his defence on time, in the libel suit Ferguson had brought against him; which this judge found did defame Ferguson, regarding certain statements he had made concerning her acquisition of land stands.

Jagdeo had filed an application seeking to set aside the judgment. Justice Kurtzious, however, had thrown out that application.

The Vice President was now hoping that the Full Court would set aside that ruling; even as he continued to seek an avenue for an opportunity to file his defence which he admitted had been out of time.

Through his attorney, Jagdeo was also seeking an Order declaring that Part 12 of the Civil Procedure Rules (CPR)—in particular Rule 12.02—violates Article 144 (8) of the Constitution.

He had argued among other things that the judge erred in law and in fact by finding that the defences he advanced to Ferguson’s claim, had no real prospects of succeeding; and also that she misdirected herself by entering a default judgment against him, without considering all the grounds of his defence, including but not limited to that of justification.

In her ruling in June of last year, Justice Kurtzious had said that contrary to advancements made by Kissoon, Ferguson’s application for a default judgment was well within the ambit of the CPR; while noting that her attorney Lyndon Amsterdam had satisfied the requirements for the grant thereunder.

Justice Kurtzious had said she found the explanations proffered by Jagdeo for not complying with filing his defence within the 28-day time period specified by the CPR, to have been wholly “unreasonable.”

Jagdeo’s excuse had been that both he and his then-attorney Anil Nandlall were busy with