The High Court has dismissed a lawsuit filed by the People's National Congress Reform (PNCR) against the Attorney General, Mr Dale Kennedy and the Regional Democratic Council (RDC) of Region Nine, ruling that the party had no legal right to remain on a Lethem property that had served as its regional headquarters for decades.

In a judgment delivered August 24, the Court found that the PNCR's removal from the premises did not amount to trespass or a violation of its constitutional rights, siding with the defendants who argued the building was State property occupied without permission after notices to vacate were issued by the Regional Executive Officer (REO).

The case stemmed from the PNCR's removal from the Lethem premises in March 2023. The party had alleged that REO Karl Singh and contractor Dale Kennedy, accompanied by members of the Guyana Police Force, entered the building without permission, demolished parts of the structure, removed its property and blocked its return. The PNCR sought declarations that its constitutional rights had been violated, damages for trespass and conversion of its property, and an injunction barring the defendants from re-entering the premises.

The defendants maintained the building was State property under RDC control, that the PNCR had occupied it only as a licensee rather than an owner or tenant, and that the party had been repeatedly asked to leave before officials moved to reclaim the building.

After hearing evidence from witnesses on both sides, the Court found the land and building belonged to the State and were vested in the RDC, noting the PNCR could not produce a lease, title document or other proof of ownership. The judge found the party's occupation, which began in the 1970s, was best understood as permission granted by the State rather than a legal right to the property.

The Court also found the RDC had given the PNCR ample notice to vacate, starting in November 2021 and repeated several times before a final deadline in January 2023, ahead of the March 2023 action by officials.

Because the PNCR's right to occupy the building had already been lawfully withdrawn, the Court held the entry and recovery of the premises did not constitute trespass. The judge also rejected claims that the party's goods had been unlawfully converted, finding the property removed from the building was inventoried, stored by the RDC and remained available for collection.

The Court found no violation of the PNCR's constitutional rights or of international human rights protections, concluding the Government's actions amounted to lawful enforcement of its property rights rather than discrimination or an unconstitutional taking.

The PNCR's claim was dismissed in its entirety, with the party ordered to pay costs of $300,000 to the Attorney General, the third-named defendant. Attorney-at-law Darren Wade represented the PNCR, while Attorney General and Minister of Legal Affairs Mohabir Anil Nandlall SC MP and State Counsel Pierre Squires represented the Attorney General.