Hearing of the Appeal - GYCV2025/002 Eslene Vigilance v Roopnarine Persaud
Автор: Caribbean Court of Justice
Загружено: 2025-12-04
Просмотров: 1940
This is an appeal from Guyana. Albert Vigilance obtained prescriptive title to land in Guyana in 1969 and devised Lot 4 to his daughters in 1979. He died in 1979 and in 1994, George Estrich acquired title of Lot 4 by prescription and sold it to Roopnarine Persaud. Eslene Vigilance and her daughters sued, alleging fraud by Estrich and seeking transfer of the land. On the date for the decision of the High Court, Eslene Vigilance and her daughters made an application to amend pleadings to include particulars of fraud. The application was refused, and the claim failed. The Court of Appeal upheld the High Court’s decision, ruling that fraud was not proven, the refusal to amend was justified, and payment of rates and taxes did not establish ownership. In this Court, the Appellant asks that the Court of Appeal’s decision be set aside contending that the refusal to allow amendments and admit further evidence amounted to a miscarriage of justice, and that the courts below erred in failing to properly assess the alleged fraudulent acquisition by Mr Estrich and its impact on the subsequent sale to Mr Persaud and costs in this Court and the Courts below.
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