Justice BS Roy entered two judgements for furniture giant Courts Guyana Incorporated against defaulting hire-purchase customers, at a recent sitting of the Commercial Court.
In its case against defendant Simone Wallace of 705 East Ruimveldt, judgement was granted for Court in the sum of $247,017. The defendant was also ordered to return a Panasonic 20″ colour television set and a Panasonic four-head VCR or the alternative sum of $145,998 being the value of the items, at the rate of 6% per annum from March 6, 2006 to February 28.
According to the Statement of Claim, the store’s Main Street branch made a hire-purchase agreement with Wallace on December 14, 2002. Wallace agreed to pay a total of $280,817 comprising 35 equal monthly instalments of $7,801 and one final instalment of $7,782 from January 16, 2003, and payable the 16th day of each month. The claim said the arrears on instalments due to the plaintiff were $247,017. In addition, judgement was granted for Courts against defendant Coleen Nurse of 56 East Ruimveldt Housing Scheme, for the sum of $189,303 with interest at the rate of 6% per annum from January 27, 2006 to February 28, the date of judgment. It was also ordered that the defendant deliver to the plaintiff one JVC mini-system or the sum of $95,999 being the value of the item.
According to the Statement of Claim, the defendant, under a hire-purchase agreement with the plaintiff signed on December 8, 2004, agreed to pay a total hire-purchase price of $233,203 in 41 equal monthly instalments in the sum of $5,553 and one final instalment of $5,530 from January 8, 2005. The claim further said the total rental instalments due to date is $72,189, less instalments paid by the defendant of $43,900. Hence, the total arrears on instalments due, owing and payable to the plaintiff are $189,303. Attorney-at-law Nicola Pierre appeared for the plaintiff in both cases. There was no appearance of or by the defendants.
Meanwhile, in the case of John Maikoo against Lindon Success judgement was granted for the plaintiff in the sum of $100,000 with interest at the rate of 6% per annum from August 18, 2006 until February 28 and thereafter at 4% until payment.
According to the Statement of Claim, on August 12, 2006 Success, of 19 West Ruimveldt Estate Scheme, negligently drove motor vehicle HB 2441 resulting in a collision with Maikoo’s motor vehicle PGG 3311 causing damage to the vehicle. After the collision, at the defendant’s request, the plaintiff agreed to settle the matter and not pursue any criminal action at the Magistrate’s Court, in return for $100,000, the claim said. This sum was agreed upon for payment, in writing, in two equal instalments on August 14 and 18, 2006. Despite several demands from the plaintiff the sum remained outstanding the document said.
Attorney-at-law N Singh appeared for the plaintiff. There was no appearance of or for the defendant. At the February 21 sitting of the Commercial Court Justice Roy granted judgement, by consent, in the sum of $530,000 to Gigi Kay Macedo in her case against Doreen Obermuller. The defendant of 16 Princes Street, Werk-en-Rust, was ordered to pay interest on the said sum at 6% per annum from November 6, 2006 to February 21 and thereafter at 4% until payment.
According to the Statement of Claim, in a promissory note executed by Obermuller on October 31, 2006 in favour of Macedo, the defendant undertook to pay the aforesaid sum to the plaintiff in the amounts $200,000 on November 6, 2006 and $395,000 on December 15, 2006. Attorneys-at-law Small and Pollard appeared for the plaintiff. There was no appearance by or for the defendant.
