High Court Judge Gino Persaud today described the case filed by Mohammed’s Sons and Daughters Trading in the controversial B eterverwaghting land case as “rubbish” and “bogus.

The company was seeking to take possession of 143 acres of land that had been ‘sold’ by the Beterverwagting/Triumph Neighbourhood Democratic Council (NDC) to John Fernandes Limited, and subsequently ‘transferred’ to the trading company by John Fernandes, although the NDC cancelled the sale.

In November 2021, John Fernandes Limited paid the NDC $20 million as part of a $35 million deal for the land situated at Section ‘G’ Plantation Beterverwagting. However, the cheque was returned after the Council rescinded the agreement, while admitting that it could not sell what it did not legally own. A number of the land owners had stepped forward with their documents, proving ownership of the land that the Council thought it owned.

But instead of accepting the refund, John Fernandes Ltd. reportedly returned the cheque to the NDC in October 2022, and informed the Council that it had transferred its rights in the agreement to Mohamed’s Sons and Daughters in May 2022.     

 Bent on completing the transaction initiated by John Fernandes, Mohamed’s Sons and Daughters moved to the High Court in October 2022, claiming the land. But today, when the matter came up before Justice Persaud, the company, through its Attorney Nigel Hughes, withdrew the application.

 Noting that the case should have never engaged the attention of the Court, Justice Persaud ordered Mohamed’s Sons and Daughters to pay the BV-Triumph NDC cost to the tune of $250,000.

While asking the Court to reconsider the sum, Mr Hughes told the Court that his client should not be made to pay costs for an act that was done by the Council, as he reminded the Court that it was the NDC that had entered an agreement with John Fernandes.

But Justice Persaud did not mince words in his response, and roasted all the parties involved the case.

“There is no innocent party in this. This case reeks of all kinds of offensive odours from the beginning involving John Fernandes Limited, the applicant Mohammed’s Sons and Daughters and everyone who was complicit in this, and this is what judicial time has to be expended on,” the High Court judge said.

Describing the application as “absolute rubbish,” the High Court Judge said there was no way the applicant could have been entitled to the orders sought.

“The applicant cannot come to say his hands are cleaned in this process; everyone hands are dirty in this process,” Justice Persaud said, adding that the applicant, after engaging in such “insane transaction,” has now turned to the court for its blessing. That cannot be, he lamented.

Justice Persaud said after paying over $20M to the NDC, John Fernandes sought to duck itself out of the transaction by having a Deed of Assignment done.

“This is disgraceful, absolutely disgraceful and John Fernandes has washed its hands cleaned by purporting to execute this bogus Deed of Assignment, saying that no consideration was passed when there is evidence on the record that says the applicant Mohammed’s Sons and Daughters gave them $20M,” the High Court Judge said.

He said it is unfortunate the Courts are faced with such cases when there are only 10 judges in the system presiding over hundreds of cases.

Justice Persaud said the filing of the “bogus” application was an abuse of the process of the courts, and it was for than reason he awarded cost to the tune of $250,000 to be paid within six weeks.

  Justice Persaud said he hopes never to see such a case before him again.

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