CCJ remits Guyana partnership dispute to High Court for reconsideration

The Caribbean Court of Justice (CCJ) has remitted a long-running partnership dispute from Guyana to the High Court for reconsideration, ruling that the matter should be heard before a different judge.

In its written reasons delivered on Tuesday, the CCJ outlined a clearer procedural framework for how courts should handle applications to strike out claims, particularly where pleadings may lack sufficient detail.

The case, Harry Panday v Malcolm Panday and Deosaran David, centres on a dispute between brothers Harry Panday and Malcolm Panday over a judgment sum of US$733,451 plus interest, which the applicant claims belongs to their partnership.

The High Court initially struck out the claim, a decision later upheld by both the Full Court and the Court of Appeal on the basis that the case disclosed no reasonable grounds due to insufficient particulars.

However, the CCJ found that the lower courts erred in their approach.

According to the regional court, judges must prioritise determining cases on their substantive merits rather than dismissing them for procedural shortcomings that could be corrected. The Court stressed that where a claim may be deficient, judges should first assess whether it discloses a reasonable cause of action and whether any shortcomings can be remedied.

If a claim has merit but lacks detail, courts are required to weigh factors such as fairness to all parties, proportionality, efficient use of judicial resources, and the overarching goal of delivering justice.

Applying what it described as the “Panday approach,” the CCJ concluded that the lower courts failed to consider whether Harry Panday should have been given an opportunity to amend his statement of claim before it was struck out. This, the Court said, amounted to a misapplication of judicial discretion and an error of law.

The CCJ had previously granted special leave to appeal in December 2025, allowed the appeal, and ordered that the matter be sent back to the High Court of Guyana.

The panel comprised Justices Adrian Saunders, Jacob Wit, Winston Anderson, Peter Jamadar, and Denys Barrow. Justice Jamadar delivered the Court’s judgment.

Harry Panday was represented by Ronald Burch-Smith, while Malcolm Panday was represented by Rajendra R. Jaigobin. Deosaran David was represented by Nirvan Singh.