For failing to file his defence on time in a libel action brought against him, Vice President Bharrat Jagdeo has been ordered to pay former Minister within the Ministry of Communities Annette Ferguson, the sum of $20,000,000.
The judgment which was granted ‘in default of defence’ was handed down by Justice Sandra Kurtzious on March 11th, after Jagdeo failed to file his defence within the time specified in accordance with the Civil Procedure Rules (CPR).
Following the Order, Jagdeo’s attorney Anil Nandlall issued a statement yesterday citing “exceptional” circumstances behind the non-filing of the defence and said that the Vice-President has every intention of defending the proceedings and an application will be made to set aside the judgment.
In January of last year, Ferguson filed a $60M lawsuit against Jagdeo—the then Opposition Leader and the Guyana Times newspaper, over what she said were libellous statements made by the two, calculated to damage her character and reputation.
The matters were conducted separately. The action against the Guyana Times is still pending.
According to the judgment entered on March 15th against Jagdeo, Justice Kurtzious noted that the default judgment was being made against Jagdeo in accordance with Part 12:01 (2) (d) of the CPR.
The effect, she noted, is Jagdeo’s failure to file his defence within the time required.
The CPR demands strict adherence to timelines.
Subsection (1) of the Rule states, “where a defendant has failed to file a defence within the time required under these Rules, a Claimant may obtain a default judgment against that Defendant without a trial subject to the provisions of this Part, unless another Rule, Practice Direction or Order prohibits it.”
Subsections (2) (d) then states, “for an unspecified sum of money, default judgment may be awarded with damages to be assessed.”
The Order made by the judge notes that having read the application by Ferguson (the Claimant), and evidence adduced by her attorney, the Court made the judgment against Jagdeo to the tune of $20,000,000 which he has to pay Ferguson.
Justice Kurtzious also granted Ferguson costs in the sum of $75,000 which has to be borne by Jagdeo as well.
The court Order goes on to specify that failure to comply with the judgment will amount to contempt of court for which the defendant may be liable to imprisonment or have his assets confiscated.
Nandlall’s statement
Nandlall, also the Attorney General, said that Marshals of the High Court yesterday served upon the Office of Vice President an Order of Court which states that a Default Judgment was granted on the 11th day of March, 2021 against Jagdeo.
Nandlall said that the judgment was granted without the knowledge of Jagdeo and his Attorneys-at-Law, and in their absence.
Nandlall noted that the judgment stemmed from libel proceedings filed by Ferguson against Jagdeo on the 9th of January, 2020. The proceedings included applications for Injunctions. Jagdeo was represented by Nandlall, who appeared at the hearings for the injunctions, filed the required affidavits, and made legal submissions.
The statement said that on the 25th day of February, 2020, a Judge of the High Court dismissed the Applications filed for Injunctions after considering the Affidavits and hearing the legal submissions made. The statement said that Jagdeo pleaded the defence of justification and fair comment in his Affidavits.
The statement said that at or about the 24th of February 2020, a Defence on behalf of Jagdeo became due under the Rules of Court. Nandlall noted that this was a mere week before March 2nd 2020 General and Regional Elections.
“Mr. Jagdeo is General Secretary of the People’s Progressive Party and Leader of the List of the PPP/C Candidates and Mr. Nandlall, an Executive Member of the PPP, Legal Advisor to the PPP, a Candidate on the List as well as the party’s Assistant Chief Elections Scrutineer, had multiple responsibilities in relation to and in connection with the impending elections, including meeting with the Guyana Elections Commission, meeting with International Observer Teams, planning and preparing for Election Day as well as campaigning across the country.
“As a consequence, the Defence though prepared was never filed in the Court. The Elections were then marred by a series of ensuing unforeseen and unprecedented actions, including, a series of litigation, a national recount and then even more litigation, until the results were finally declared on August 2nd 2020.
“Significantly, in March 2020, Guyana was hit with the Covid-19 pandemic which caused the Judiciary to close operations for a period, barring election-related litigation. In consequence, the Supreme Court Registry was closed and Lawyers were advised to close their offices.
“The aforesaid exceptional circumstances, contributed to the error of the non-filing of the Defence not being detected”, Nandlall asserted.
He said that it was interesting to note that the default judgment was obtained over one year after the Defence became due and neither Jagdeo nor his lawyers were in any manner notified, whatsoever, so that their default could have been remedied.
“Significantly, it appears as though damages were assessed, an examination of the Court’s record does not indicate that there was any hearing where these damages were assessed. Mr. Jagdeo and his Lawyers, even without filing of a Defence, ought to have been notified of such a hearing to be able to interrogate, the evidence presented to the Court. This was not done”, Nandlall added.
He said that the Rules of Court provide for an application to be made to set aside default judgments and currently, an application to this effect is being made.
“Mr. Jagdeo has every intention of defending these proceedings”, Nandlall added.
Ferguson’s case
Ferguson, through her attorney Lyndon Amsterdam had alleged that Jagdeo had made what she said were untrue statements regarding her acquisition of land.
In an interview with this newspaper last year following one of the hearings, Amsterdam had said that he had submitted to the court all relevant documents substantiating that his client owned a single property on only one plot of land, and not three house lots as was disseminated by the defendants.
He had said, too, that contrary to statements made suggesting that his client suddenly came into wealth after becoming a government minister in 2015, her financial records of income have been submitted to the court substantiating her income way before 2015.
The lawyer had said that in fact, his client had been able to secure a bank loan which she used to acquire the only house she owns at Eccles, East Bank Demerara for which she has legally been given title.
In court documents seen by this newspaper, Ferguson had said that she earned a salary of $695,000 monthly along with an allowance of telephone at $10,000; electricity $50,000 and entertainment $1,500.
Duty allowance was paid at $1,500, parliamentary allowance $30,000; Committee $8,289 and internet $10,000.
In her suit against Jagdeo, Ferguson was seeking damages in excess of $50,000,000 for libel she said he committed on two separate occasions—December 5th and 12th of 2019 for which she was asking for more than $25M in damages for each occasion.
Meanwhile, as regards the libellous statements she said were published by the Guyana Times, the former Minister is seeking damages in excess of $10M.
