Allegations that settlement agreements signed by relatives of victims of the 2023 Mahdia Secondary School dormitory fire were executed under duress came under high scrutiny on Thursday.
Acting Chief Justice Navindra Singh examined the basis and timing of the challenge during High Court proceedings in Demerara.
The applicants, represented by attorney Darren Wade, are seeking to set aside compensation agreements with the State, arguing they were entered into without independent legal advice and under pressure, and therefore should be declared invalid.
Wade also raised constitutional issues, saying the circumstances warranted scrutiny beyond ordinary contract principles.
King’s Counsel Darshun Ramdhani, appearing for the State, rejected the claims, arguing that duress had not been properly pleaded and that no clear evidence of illegitimate pressure had been presented.
He said the agreements remained legally binding and could not be overturned simply because the applicants were later dissatisfied.
During the hearing, Justice Singh closely examined the foundation of the duress claim, focusing on the timeline of events. He noted that compensation had been accepted in 2023 under the agreement and suggested that the challenge had only emerged afterwards, raising questions about its basis.
Ramdhani further argued that once a settlement is executed and funds are received, it carries legal finality unless compelling grounds are established to set it aside, which he said had not been done in this case.
The judge also raised concerns about inconsistencies between oral submissions and written arguments presented by the applicants. At one point, he halted proceedings and expressed dissatisfaction with the clarity of the presentation, stating his disapproval of unclear argument in his court.
Wade maintained that the court should consider the broader context, including the vulnerability of grieving families and language barriers at the time of signing, arguing that the matter engages constitutional protections and should not be treated solely as a commercial dispute.
The case has been adjourned to June 18 at 11:00 a.m., when Justice Singh is expected to deliver his ruling.
The proceedings stem from settlement agreements signed following the May 21, 2023 fire at the Mahdia Secondary School dormitory, which claimed the lives of 20 students.
