Ferguson v Jagdeo: CCJ rules Appeal Court can hear Jagdeo’s application for Special Leave

The Caribbean Court of Justice (CCJ) last January ruled Guyana’s Court of Appeal could hear the application brought by Bharrat Jagdeo for Special Leave to appeal. Former Minister in the A Partnership of National Unity and Alliance for Change (APNU+AFC), Member of Parliament (MP) Annette Ferguson in a libel case against then Leader of the Opposition, Bharrat Jagdeo, MP in December 2019, for libelous statements he made against her.

In March 2021, Justice Sandra Kurtzious granted judgement in the sum of $20M to Ferguson, after Jagdeo failed to adhere to Court Procedures Rules, in filing defense. Jagdeo appealed to the Full Court, which decision was granted in Ferguson’s favour. Not satisfied, he made application for appeal to the Court of Appeal. Again, his application was unsuccessful, thereafter he made an application to the CCJ to appeal the Court of Appeal’s decision.

It should be noted after the matter was heard by Appeal Court, it was ordered the issue of “assessment of damages,” must be proceeded with by the first instance judge, Madame Kurtzious. Lawyers representing Ferguson and Jagdeo were given time to make submissions before Justice Kurtzious.

This was done and on December 29, 2023, Justice Kurtzious informed both parties she will hand down her decision in January 2024. She further advised the parties will be apprised of the date.

On Friday, January 19, 2024, the CCJ, through Justices Winston Anderson, Denys Barrow and Andrew Burgess handed down their written submission of which the following orders were given:

Disposition

Having regard to the opinions expressed, the Court orders:

i. The application for special leave to appeal is hereby granted.

ii. The application is treated as the substantive appeal.

iii. The appeal is upheld.

iv. The decision of Court of Appeal that it has no jurisdiction to grant leave is reversed.

v. The case is remitted to the Court of Appeal for consideration whether to grant leave to appeal.

vi. The hearing for assessment of damages against the Appellant is stayed pending the final determination of this matter or until further order.

vii. Costs in the cause.

With CCJ’s decision the Court of Appeal has jurisdiction to hear Jagdeo’s Application for Special leave, there is a stay of decision on the quantum in damages, pending the Court ‘s.