Latest update June 14th, 2025 12:49 AM
Inability to enforce a judgement is a failure in the administration of justice
–Teni Housty
Teni Housty
Members of the legal profession have expressed concern over the inability of the Supreme Court to provide storage space for goods, including vehicles, which are levied upon by judgement creditors.
Court Administrator David Kaladin yesterday confirmed that, at present, there is no storage space.
According to him, the court had a storage bond in Kingston, but that space was allotted for a proposed hotel building project several months ago.
Kaladin added that the court is working on getting storage space as quickly as possible. Meanwhile, the court will continue to make judgements on moveable levies, which will be carried out shortly after space is secured.
However, members of the profession have said that this has been a problem with the court for years, and it has serious implications. Some even further commented that it is a ridiculous situation.
This newspaper understands that if someone does not pay what the court has ordered them to pay to the winning party of a case, then the Court Marshall would seize item(s) of that worth, and those seized items would be kept in a provided storage until they can be sold at a public auction. The money is then paid over to the successful litigant.
However, this cannot happen, and has not been happening for the past several months.
Commenting on the issue, attorney-at-law Vic Puran said that this is something that the Guyana Bar Association needs to look into.
Vic Puran
Meanwhile, President of the Bar Association, Teni Housty, said that something needs to be done to rectify the situation.
Anil Nandlall
He added that it has engaged the Bar’s attention, as members of the profession have expressed concern over the years.
According to him, there is no point in getting a money judgement and not being able to enforce it, and the reason for the non-enforcement is the unavailability of storage space.
He pointed out that, in some instances, people wait for many years for a judgement, and end up not being able to collect, through a failure in the administration of justice.
Housty added that this prevents someone from getting what he or she is entitled to, and that it not fair.
“It leaves a person wondering ‘What have I done?’…It needs to be revisited, and some mechanism should be put in place,” Housty said.
Also voicing an opinion on the issue, attorney-at-law and Member of Parliament, Anil Nandlall, said that enforcement of a judgement is perhaps the most important aspect of the justice system, because it is at that stage that the litigant receives the fruits of his/her litigation.
He added that if that aspect of the process is frustrated, the entire system is undermined. Importantly, he added, the court loses its coercive powers to enforce its own orders.
“There is nothing that can cause the administration of justice to suffer the loss of public confidence than the loss of coercive power.”
Nandlall stated that it is of cardinal importance that this unfortunate situation be remedied with urgency.
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