Attorney-at-law, Anil Nandlall has filed an appeal in the case in which he failed to secure a court judgment against Attorney General, Basil Williams for alleged statements of libel made against him regarding his acquisition of the Commonwealth Law Reports.
Justice Priya Sewnarine Beharry had dismissed a $125M lawsuit filed by Nandlall, a former Attorney General, against his successor, Basil Williams in relation to libelous utterances Williams allegedly made in relation to Law Reports of the Commonwealth.
In grounds for dismissing the matter, the Judge cited non-compliance with the new Civil Procedure Rules (CPRs). In the court action, Nandlall sought compensation to the tune of $125M. Nandlall sued for $25M for slander at a press conference, hosted at the National Communications Network Inc. on March 24, last, and a further $25M for utterances at the very press conference. Another $25M was called for because of libel published in the Guyana Times.
There was a demand for a further $25M for slander published during an outreach programme in Berbice, and $25M for libel published by Demerara Waves.
Nandlall also sought to have an injunction granted stopping Williams from repeating the “harmful” statements. He is on trial before Senior Magistrate, Fabayo Azore for allegedly stealing some $2M in LexisNexis Law Reports of the Commonwealth from the state.
Obviously dissatisfied with the recent determination of the Court, Nandlall filed an appeal asking that the decision be set aside and wholly reversed.
In his grounds for appeal, Nandlall claimed that the Judge erred and misdirected herself in law when she dismissed and/or struck out the proceeding on the basis that the he (Nandlall) failed to comply with a case management timetable.
The attorney said further that it is his view that the Judge erred and misdirected herself in law when she failed to give effect or incorrectly applied the overriding objective of the Civil Procedure Rules (CPR), which is to enable the Court to deal with cases justly.
The Judge erred and misdirected herself, in the exercise of her discretion, resorted to the ultimate and irreversible sanction of dismissal of the proceedings, rather than impose other sanctions available under the Civil Procedure Rules and which could have been appropriately imposed in the circumstances.
In his list of grounds, Nandlall noted that the decision of the Judge in dismissing the Appellant’s/Claimant’s Proceeding is erroneous, unlawful, oppressive , contrary to the rules of natural justice and violative of Article 144 (8) of the Constitution of the Cooperative Republic of Guyana, illegal, null, void and of no effect and bad in law.
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