Prakash Persaud:I wish to express my disappointment with the sordidness being practised by some individuals whom we expect to display some degree of moral standings, but who instead contribute to the decay of ethical fibre in our beloved country.
Yet, some such people have the courage to appear in various forums to embellish their nefarious performances.
The following documented experiences which speak for themselves support my conclusion.
My Principal, Drupati Persaud, who was my mother-in-law, obtained in her favour in 1986 a High Court Judgment against the estate of the late Baldeo Ramgolam of Chateau Margot, East Coast Demerara.
In addition, Justice Kenneth Barnwell ordered that Chandra Mahadai Ramgolam, who was one of two Executrices of the Estate, apply for Probate of the Estate immediately then to make sure that all the assets of the Estate would be identified and so collected.
Both Chandra Ramgolam and her Attorney-at-Law Ms. Sheila Chapman further confirmed in affidavits sworn by them on 25th May, 1995 and 24th June, 1999 respectively that I was the agent/attorney for the Plaintiff Drupati Persaud.
Also, both Chandra Ramgolam and her Attorney-at-Law Ms. Sheila Chapman who were in Court in July 1986 promised to obtain Probate of the Estate within two months from then. However, in spite of several promises, application for same was not done until 1992 -six years later!
In the application for probate in 1992, a supplementary affidavit by Chandra Ramgolam drawn by Attorney-at-Law Ms. Sheila Chapman, she averred in paragraph 2 (two) “That on the 21st day of July 1986 Mr. Prakash Persaud was named Receiver by Mr. Justice Barnwell and he has been in possession of all the assets since that date. Hereto attached and marked “Exhibit A” is a photocopy of the said Order”.
However, unknown to me, shortly after, an Agreement of Sale and Purchase was made with Chandra Mahadai Ramgolam as Vendor, and Mahendra Jetto, of 10 Industry Crown Dam, East Coast Demerara, as Purchaser for the major assets of that estate in my possession - 768 acres of Lands and Sawmills etc. at Pln. Clemwood, Demerara River.
That Agreement was witnessed by Sheila A. Chapman and Lorna Bayley and was purported to give “immediate possession to the Purchaser by the Vendor on the signing of the agreement”
The Practitioner, Ms. Sheila Chapman, herself had inter-meddled in the estate when by letter the same day - 6th October, 1993 she wrote Mr. Jerry Dhanpaul, who was living on the property of that Estate, telling him that the property was sold and that permission to retain a house on the land was terminated.
After signing the questionable Agreement of Sale dated 6th October, 1993, Ms. Sheila Chapman after three years - (on 30th April, 1996) signed as Attorney –at-Law for the Vendor Chandra Mahadai Ramgolam in her capacity as Executrix of the Estate of Baldeo Ramgolam; and Mr.Mortimer Coddett signed as Attorney-at-Law for the Purchaser, Mahendra Jetto; and instructed the Registrar of Deeds of Guyana to advertise the Transport of the 768 acres of Land at Pln. Clemwood, Demerara River.
No Transport was mentioned, and it seems that because of trepidation no such advertisement took place. But yet, for reasons better known to them, an affidavit was then drawn by Attorneys-at-Law Sheila A. Chapman, Avril A. Trotman and Raphael C.C.Trotman eight months later (on 20th November, 1996) praying for the grant of an Order from the High Court of the Supreme Court of Judicature for Chandra Mahadai Ramgolam to sell the 768 acres of Lands and Sawmill along with derelict equipment at Pln. Clemwood, Demerara. River, and saying “That MAHENDRA JETTO has now offered to purchase the said sawmill and derelict equipment” Those were the said properties that were purported sold to MAHENDRA JETTO since 6th October, 1993 when “Immediate possession” was given to the Purchaser from the Vendor !
I then learnt of that application to the High Court praying for an Order to sell the properties at Clemwood, Demerara River; and I then wrote the then Hon. Chief Justice, Madam Justice Desiree Bernard, CCH.of the Supreme Court informing her that I was the Receiver of all the assets of that Estate, and sought Her Honors’ indulgence for me to be served notices as to the next date of hearing of the matter in Court.
Her Honour responded favourably, and the applicants then abandoned that course also.
In spite of all these happenings, Mahendra Jettoo and Chandra Ramgolam, and their respective Attorneys-at-Law, Mr. Mortimer Coddett and Ms. Sheila Chapman who were all fully aware that I was in possession of all the assets of the Estate, nonetheless surreptitiously appeared two years later before Honourable Mr. Justice Carl Singh in the High Court of Guyana, and obviously by means of some intrigues obtained from him a highly ridiculous Order No. 958 dated 27th October, 1998, which stated “IT IS BY CONSENT ORDERED that the Registrar of Deeds be and it is hereby directed to pass Transport to the Plaintiff MAHENDRA JETTOO on or before time of conveyance.”!.
It is also, even, rather unusual for the Transport Number not to have been mentioned therein. No conundrum, legal or otherwise, can explain or interpret this “Order”.
The defendant Chandra Mahadai Ramgolam was not ordered to pass Transport to Mahendra Jettoo, failing which the Registrar is ordered to do so, as is the usual form of Order of the Court.
I got a wind of the situation, and I tried at the Deeds Registry of the Supreme Court to obtain a copy of the original Transport for the Lands at Clemwood Demerara River, but it was absent from records there. It may have been removed from the records to conceal any skullduggery that may be ongoing!
I later learnt that by the use of that “Consent Order No. 958 of 1998″, Transport No.1956/98 for the Clemwood, Demerara River properties was passed (with no annotation made on it of the previous Transport No. 1345 of 1949) to Mahendra Jettoo on Old Year’s day 1998; and he received unusual attention to uplift it the same day. Read more....