Attorney General Anil Nandlall, SC, has initiated legal proceedings against BK Marine – a subsidiary of the BK Group of Companies for trespass over its occupation of a bond at Lot 5 Water Street, Kingston, Georgetown, in the compound of the Transport and Harbours Department (T&HD).
Nandlall has also claimed rent arrears against BK Marine in the sum of $8.4 million
Attorney General Anil Nandlall, SC
for the period August 1, 2009, to January 15, 2021. In a Statement of Claim, he deposed that he is entitled to possession of the bond and is therefore asking the High Court for an order evicting BK Marine from the property.
Also, the Attorney General has asked the court to award damages for trespass, mesne profits from August 1, 2009, until BK Marine vacates the bond, interest in accordance with Section 12 of the Law Reform Miscellaneous Act, such further or other orders as the court deems just and reasonable as well as costs.
Nandlall said that on August 1, 2003, T&HD entered into an agreement with BK Marine for the rental of the bond which measures 43,966 square feet at an annual rental price of $600,000.
He stated that under the agreement, BK Marine agreed to the payment of an advance of three annual rents of $1.8 million and thereafter on an annual basis. BK Marine subsequently took possession of the bond, he added. Nandlall, however, said that BK Marine stopped paying rent for the bond space from August 1, 2009, and as a consequence, the agreement was immediately terminated by T&HD.
BK Group of Companies CEO Brian Tiwarie
According to Nandlall, notwithstanding the termination of the agreement, BK Marine continues to occupy the property and has failed and/or neglected to vacate the premises or pay an annual rent of $600,000. Taking this into consideration, Nandlall submitted that BK Marine has incurred the sum of $8.4 million in arrears of rent from August 1, 2009, to January 15, 2021.
He further submitted that as a result of BK Marine’s occupation of the bond, he was unable to use or rent it and as a consequence, claimed loss and mesne profit. He is also asking for a declaration that BK Marine committed a trespass in its continued occupation of the bond. (G1)
