The Guyana Elections Commission (GECOM) through its lawyer, Senior Counsel Ashton Chase, has withdrawn a motion to strike out an appeal brought by another attorney at law Clifton Mortimer Llewellyn John.
John had appealed a High Court ruling that there was no misfeasance in the house-to-house registration conducted by GECOM in 2008.
During the house-to-house registration in 2008, John had brought a motion against GECOM and the Attorney General of Guyana alleging misfeasance in the process because they did not carry out a proper registration.
Further, John charged that in 2010, he was residing at the said address at which he was registered in the 2006 General Elections.
He complained that no one went to register him during the 2008 house-to-house registration process, and that it was only after he filed a motion in the High Court that the Elections Commission sent out an enumerator to register him.
Mr. Michael Somersall appeared for John while Senior Counsel Chase represented GECOM.
Through its attorney, GECOM had contended that the appeal should be struck out and that there was not sufficient evidence of the appeal.
However, John argued in an affidavit in answer that GECOM was served by registered post which the law called for.
At yesterday’s hearing before the Court of Appeal, comprised of the Chancellor Carl Singh and Justices Yonette Cummings and Rishi Persaud, Senior Counsel Chase sought leave to withdraw his motion to strike out the appeal.
In light of this, the appeal will continue to be heard.
Attorney Somersall indicated however that his client will not be asking the court for costs against the Guyana Elections Commission.
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