By Alicia Chamely

HIGH Court Judge Margaret Mohammed is ordering all case documents in a lawsuit brought against the Community Environmental Protection and Enhancement Programme (CEPEP) by a contractor be handed over to the Director of Public Prosecutions (DPP).

On Thursday, Justice Mohammed stayed a lawsuit filed against CEPEP by Eastman Enterprises Ltd ruling that Eastman prematurely filed the lawsuit, going against its contract’s dispute resolution clause.

The clause, which Eastman disregarded, stated that parties must engage in mediation to settle matters before going to court.

Eastman, whose legal team was led by Senior Counsel Larry Lalla, SC, filed a lawsuit against CEPEP when his contract was terminated on June 27, despite having it extended until 2029.

Eastman was seeking an injunction to stop the termination and claimed for damages.

CEPEP, whose legal team was led by Senior Counsel Anand Ramlogan, argued the lawsuit should be dismissed or stayed as Eastman neglected to adhere to the guidelines of the contract’s dispute resolution clause.

The Defence further argued CEPEP had been deceived in extending contracts, believing there was Cabinet approval, when there was none. They asserted Eastman’s contract was extended due to “fraudulent misrepresentation.”

In July CEPEP Chief Executive Officer (CEO) Keith Eddy submitted an affidavit alleging he was pressured into renewing contracts days before the April 28 general election and that he had been falsely led to believe Cabinet had approved the contract renewals and extensions.

Presented with these serious allegations of fraud, Justice Mohammed ordered all documents filed in the case be forwarded to the DPP for revision.

Justice Mohammed sided with CEPEP, ruling that  Eastman failed to explore all other options of resolution before bringing litigation, therefore was in breach of the contract and a stay would be placed on the lawsuit.

Eastman was ordered to pay all CEPEP’s legal costs.