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Two West Coast Demerara sisters walked out the High Court feeling very relieved and happy after Justice Nareshwar Harnanan set aside and recalled a Transport in favour of George Benjamin for a plot of land on which sisters, Jennel Jansen and Marilyn Jansen, have been residing for over 50 years.Benjamin had obtained a Transport for the land in April 2007. On October 2, 2012 he attempted to evict the sisters from the land and have the houses on the land broken down and removed.The sisters were forced to file an Action in the High Court and obtain an Injunction against Benjamin preventing him from evicting them from the land before the hearing of the action.The land in dispute was previously owned by John Phero McPherson under a Transport obtained in 1893. McPherson was the sisters’ great grandfather.John Phero McPherson had a son whom he named John McPherson (Jnr). This son died on February 10, 1963, aged 76 years old.After the death of John McPherson (Jnr), the estate was administered by Roy McPherson,Iowa Hawkeyes Jerseys, the grandson of the senior John McPherson. In documents examined by the Court, Roy Mc Pherson never listed the property at lot 4 Uitvlugt Front, West Coast Demerara as part of the assets of the Estate of John McPherson (Jnr). In any case, when the 1893 Transport was passed,Lebron James Notre Dame Jersey, John McPherson (Jnr) would have been six years old at that time.However,Cris Carter Ohio State Jersey, George Benjamin filed documents in the Court suggesting that the land belonged to John McPherson and not to his father,Mississippi State Bulldogs Jerseys, John Phero McPherson, who had died earlier. He also swore in an Affidavit that Roy McPherson had sold him the land for $500,000 in 1994,Robert Nkemdiche Ole Miss Jersey, but never passed Transport to him.Upon the death of Roy McPherson,Joe Montana Notre Dame Jersey, he sought and obtained Orders from the High Court directing the Registrar of Deeds to pass Transport to him, which was done.In his ruling on December 3,Curtis Samuel Ohio State Jersey, last, Justice Harnanan found that John McPherson,Cheap NFL Wholesale Jerseys, who died in 1963 could not be the owner of the property by the 1893 Transport given the fact the he was six (6) years old in 1893. The Judge found that Benjamin had lied to the Judge to obtain the Transport and had therefore obtained the Transport by Fraud.The Judge therefore ordered that the Registrar of Deeds cancel Banjamin’s Transport and restore the 1893 Transport in the name of John Phero McPherson.During the subsistence of the High Court Action, the sister, Marilyn Jansen, lost a house she had on the land due to a mysterious fire in 2014, whilst the other sister Jennel Jansen lost her job as a Rural Constable after Benjamin made false allegation to the Police at Leonora Police Station that she had assaulted him during a confrontation over the land.The Plaintiffs were represented by Attorney-at-Law, Lyndon Amsterdam,Joel Berry II North Carolina Jersey, whilst the Defendant had Jainarayan Singh as his Attorney. The Judge also ordered George Benjamin to pay the sisters’ Court costs. |
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