Sep 15, 2021 Letters
My attention was drawn to a letter to the editor, published in the Kaieteur News on the 11th of September, 2021, by Ms. Annette Ferguson, MP, bearing the bold caption “I am available for the serving of any court documents.”
Upon a careful reading, I interpret this missive to be a public advisory by Ms. Ferguson to the ‘’Officers of the Courts, including Chief Justice, Hon. Roxane George–Wiltshire, CCH, and other Judges of the High Court’’ (sic) informing them that certain legal proceedings filed by yours truly have not been served upon her, coupled with an expressed apprehension “…and trust that there is no surreptitious motive to indicate that I cannot be located or I have avoided services.” (sic) I can only hope that those to whom the advisory was directed take due notice.
Speaking for myself, contrary to her professed belief, I am unaware of Ms. Ferguson’s whereabouts or current address. The truth is after I gave full instructions to my Attorneys-at-Law on the legal proceedings against Ms. Ferguson; I did not engage them on the issue until my attention was drawn to Ms. Ferguson’s letter. Only then I learnt that seven different attempts to serve the legal proceedings on Ms. Ferguson by Marshals of the High Court proved futile, inclusive at an address published on the Original List of Electors (OLE), as well as, on her Parliamentary documents – 19 North Road, Bourda, Georgetown. I am informed that at that address, a female advised the Marshals on more than one occasion that no one by the name of Annette Ferguson lives there.
I am further informed that attempts were also made to effect service at a dwelling located in West Ruimveldt, Georgetown, another alleged residence of Ms. Ferguson. Attempts were also made to effect service at a premises located at EE Eccles, East Bank Demerara, where the Marshals were informed Ms. Ferguson resides. However, attempts to serve her at that address also proved fruitless. I am informed by my Attorneys-at-Law and do verily believe that the most recent attempt to serve Ms Ferguson was Friday, 10th day of September at approximately 10:00 hours. It is indeed more than passing strange that her letter appeared in the newspaper the very next day.
Ms. Ferguson expressed the rhetorical lamentation that I have failed to serve her with the legal proceedings on the many days that she attended parliament. Not surprisingly, Ms. Ferguson is obviously unaware of the provisions of Article 172 (4) of the Constitution of Guyana. It provides thus: “172 (4) No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Assembly while the Assembly is sitting or through the Speaker, the Clerk, or any officer of the Assembly.”
Needless to say, my Attorneys-at-Law will continue to use the legal avenues available to lawfully effect service of the documents upon Ms. Ferguson. Alternatively, Ms. Ferguson can end her anguish by uplifting a copy of the said proceedings from the Registry of the High Court, Georgetown, at any time during the working hours of the Registry.
Mohabir Anil Nandlall, SC, MP
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