The Full Court this afternoon was divided in its decision on Vice President Bharrat Jagdeo’s appeal of the default judgement granted against him, in favour of Opposition Member of Parliament Annette Ferguson over a defamation suit that she filed against him.
As a result of the division, the decision of the Trial Judge who found that the statements made by Jagdeo against Ferguson were defamatory and libellous, still stands.
Chief Justice Roxanne George ruled to dismiss the appeal filed by Mr. Jagdeo, while Justice Priya Sewnarine-Beharry ruled to allow the appeal.
The Attorney for the Vice President, Davendra Kissoon, requested and was granted a stay on the ruling to consult with his client on a possible next move forward.
The Court granted a stay of eight weeks.
The default judgement was awarded against Jagdeo on March 11 last year by Justice Sandra Kurtzious after he failed to file a defence within 28 days of the filing of Ferguson’s Statement of Claim, which was done in January 2020.
Jagdeo who was first represented by the current Attorney General Anil Nandlall had argued that he was preoccupied with the 2020 National Elections, and the constraints brought on by the COVID-19 pandemic and those issues led to him inadvertently failing to file the defence, though it was drafted.
On the other hand, Ferguson’s lawyer, Lyndon Amsterdam had argued that the pandemic is still affecting the world, and he went on to point out that it did not affect Jagdeo from filing, within a few days of the judgment order to pay, an application to have the same judgement set aside.
Jagdeo through his Attorneys asked Justice Kurtzious to overturn her own judgement, but his application was dismissed with the Judge declaring that his excuse for not filing the defence was unreasonable.
The matter was then appealed to the Full Court which reserved its ruling until today.
Today’s ruling could see the matter coming to an end, but it is likely that another appeal may be filed in the matter.
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