The Guyana Government is set to introduce the “Reciprocal Enforcement of Foreign Judgements Bill.” This document would enable the State with the power to ensure judgments granted in Guyana are enforced in other nations. The announcement was made by Anil Nandlall, the Attorney General and Minister of Legal Affairs.
Nandlall’s disclosure follows a recent court ruling in a breach of contract case involving a Trinidadian company, Davis Ecolife Ltd, and the National Data Management Authority (NDMA), a local state agency. The case dates back to the previous government’s tenure.
NDMA had paid Davis Ecolife Ltd for the contract provision of two Eco Pods, which the company failed to deliver despite reportedly receiving an advance. As a result, the court granted judgment in favour of NDMA in the sum of GYD$ 6,159,325 and costs in the sum of $500,000. However, concerns arose about the government’s ability to recover that payment since the company has no presence in Guyana.
Nandlall explained during his weekly “Issues in the News” programme that although Guyana can recoup the payments in its sister Caribbean country, there is a need for an upgrade of the law.
This updated legislation, he said, will enable judgments from one country to be enforced in another, and once the company has assets in the foreign country, the proceeds will be recoverable in the same way as if the company had assets in the country in which the judgment was granted.
