The Critchlow Labour College (CLC), represented by Senior Counsel Roysdale A. Forde, has secured a significant legal victory in its property dispute with the University of Excellence, represented by Senior Counsel Timothy Jonas, after the High Court rejected as “not credible and/or reasonable” the university’s explanation for attempting to introduce key evidence at the eleventh hour.
Although Justice Fidela Corbin-Lincoln ultimately allowed the University to file a supplementary affidavit in the interest of ensuring the matter is decided on its merits, the ruling on Thursday, July 16, 2025, delivers a sharp rebuke of the University’s handling of its defence and underscores the strength of the College’s challenge.
The dispute centres on a purported 15-year lease allegedly executed on June 13, 2025, between then Principal Dr.Ivor English and Dr. Stanley Paul on behalf of the University of Excellence.
Critchlow Labour College argues the lease is a nullity because English was never authorised by the College’s Board to execute such an agreement and was not a director or officer of the incorporated entity. According to the College, authority to execute leases rested with its duly authorised officers and Board, represented by Secretary Lincoln Lewis, not with the Principal acting unilaterally.
The College also contends that the property, held under a lease from the Georgetown Mayor and City Council (M&CC), could not be subleased without the Council’s approval. It maintains that neither the Board nor the City Council authorised the purported lease, and is asking the court to declare the agreement invalid, recover possession of the property and restrain the University from occupying the premises.
As the case approached hearing, the University sought permission to file a supplementary affidavit after its defence and the College’s reply had already been filed. It claimed the omission of key evidence was the result of an “editing error.”
Justice Corbin-Lincoln rejected that explanation.
“It appears to me that the explanation that the failure to provide evidence in relation to the 2019 [agreement] was due to an editing error is not accepted as credible and/or reasonable,” the judge ruled.
The court found there was no evidence explaining when the alleged error was discovered or showing that the application had been made promptly. It further held that the proposed supplementary affidavit went beyond addressing a 2019 tenancy agreement and that “there is no reasonable explanation for the failure to include this evidence in the affidavit in defence.“
The judge also identified critical weaknesses in the University’s original defence, noting that while it asserted English had authority to sign the lease, it produced no evidence establishing that he had actual authority to bind the College or that the College had acted in a way that would have led the University to reasonably believe he possessed such authority.
Those findings strike at the heart of the University’s defence, since one of the central issues before the court is whether English had actual or ostensible authority to execute the lease.
Despite those shortcomings, Justice Corbin-Lincoln ruled that excluding the additional evidence would likely be fatal to the University’s defence. Applying the Civil Procedure Rules’ overriding objective of dealing with cases justly, she granted permission for the supplementary affidavit to be filed.
The judge nevertheless recognised that the late application prejudiced Critchlow Labour College by delaying the proceedings and forcing it to respond to new evidence. The University of Excellence was therefore ordered to pay the College $30,000 in costs.
The court battle comes as Critchlow Labour College continues rebuilding after a series of devastating blows. In 2025, the historic institution suffered two major fires – March and July-that severely damaged its campus and disrupted its educational programmes. Following an investigation into the second blaze on July 31, 2025, Fire Chief Gregory Wickham confirmed it was an act of arson, stating that the fire had been “maliciously set by a person or persons.”
Although the findings were referred to the Guyana Police Force for criminal investigation, no arrests have been made and no one has been charged. The College has maintained that despite those setbacks, it remains committed to protecting its property and preserving one of Guyana’s oldest institutions dedicated to workers’ education.
The College has until September 25 to file its reply, with further submissions due by September 30. The substantive hearing is scheduled for October 14, 2026, when the High Court will determine whether the disputed lease is enforceable and whether the University of Excellence is entitled to remain on the property.
