Justice Roxane George on Wednesday granted an interim order preventing the Mayor and City Council from removing a stall which is located at the former Guyana Stores Limited (GSL) Bond on Water Street.
This court action which was filed by vendor Peter Warner comes at a time when there are escalating conflicts between city vendors and the council whose agents have removed the vendors from the Stabroek Market area to facilitate a clean-up exercise. Though the Council has said the move is temporary, the vendors say they are not convinced and this is the latest attempt to remove them from the area. The site which once housed Royal Castle opposite the Linden Bus Park is to be the area where the vendors will be placed temporarily. They have argued however that the location is not ideal as it will be out of reach for their customers.
Warner though a team of lawyers, headed by former Attorney General Anil Nandall, approached the High Court seeking several remedies including in excess of $200, 000 for unlawful interference and intended trespass on the part of the City Council.
Nandlall in an invited comment said that though only one vendor has been named as the Plaintiff, many others who are selling at the same place will be protected by the injunction. In the court documents Warner is listed as the Plaintiff while the Town Clerk of Georgetown is listed as the defendant.
The court is being asked to grant a declaration that the use and occupation by the Plaintiff of a portion of private property situated at the former Guyana Stores Bond, Water Street, Georgetown owned and controlled either by the National Industrial and Commercial Investments Limited or Malcolm Panday for the purpose of trading and vending is lawful and duly authorized by the owners thereof.
Warner is also seeking a Declaration that the decision of the Mayor and Councillors of the City of Georgetown made and contained in a notice dated the 3rd May, 2016 and signed by the Town Clerk of Georgetown, to remove the Plaintiff who is trading and vending at the location is illegal, unlawful and in breach of the Municipal and District Councils Act, Chapter 28:01.
The court is being asked to award damages in excess of $100,000 against the Defendant for unlawful interference with the Plaintiff’s property and damages in excess of $100,000 against the Defendant for an intended trespass against the Plaintiff’s property;
Additionally, the Plaintiff is seeking two injunctions; one restraining the Defendant, whether by himself or the officers, servants and/or agents the Mayor and City Council of the City of Georgetown from removing, destroying, damaging and/or interfering in any manner whatsoever with the Plaintiff’s stall number, goods and merchandise and the other restraining the Defendant, whether by himself or the officers, servants and/or agents of the Mayor and City Council of the City of Georgetown from any manner whatsoever obstructing or interfering with the Plaintiff’s quiet and peaceful occupation, possession and enjoyment of his stall.
Warner, a resident of Duncan Street said in his affidavit in support of the order that he has been in the vending business for the last 15 years and that he has been vending at the bond with the “permission, authorization and licence of Mr. Malcom Panday”.
It was explained that the property on which his business sits was initially owned by Guyana Stores Limited and was used as a bond but was later sold to Panday by NICIL.
He said that about five years ago, Panday held a meeting with a group of vendors, himself included and granted permission to “use his private premises to erect a stall and use it for vending and trading until he needed the premises for his own use and purpose”.
At the meeting the vendors were also told that ample notice would be given to all vendors before any revoking of the licences.
Warner said that his stall which measures approximately 10 feet by 15 feet and is made of wood and zinc holds about 300 pairs of jeans, 200 pairs of boots, 300 jerseys and 40 pairs of slippers. He maintained that his stall does not hinder or interfere with the free flow of traffic on the pavement which is controlled by the Mayor and City Council.
On April, 28, Warner said he and several other vendors attended a meeting at the behest of officers of the City Council where they were told by the Town Clerk “to come out and participate in a clean-up effort for Georgetown”.
It was stated that on May 1 he and several other vendors did so. The area targeted was the said former Guyana Stores Bond and its environs including all drains, parapets, pavements and the vending area in and around Water Street, Georgetown.
Two days later, the Town Clerk issued a notice addressed to “all Vendors with structures on the Guyana Stores Bond” directing that they remove the structures within 24 hours, immediately take up a stall in the markets if they owned any and cooperate with the Council to clean up the City of Georgetown. The property in question it was pointed out did not belong to the Mayor and City Council.
“Since receiving the said letter, and in an effort to cooperate in the clean-up campaign, I attempted to solicit additional information from officers of the city council regarding the reason for the removal of the vending structures and stalls, the length of time that is required for the clean-up campaign, the date when the vendors would be allowed to reoccupy and recommence their business operations. However, all such attempts have yielded no satisfactory answers. It therefore appears that the Respondent/Defendant is directing us to remove from the said private property for an indefinite period of time with no certainty as to our reoccupation of the area”, the affidavit said.
Warner said that the motive behind directing the vendors to remove stalls for another clean-up exercise is “rather suspicious”. He said that the information he has gotten is that Panday has never requested the Town Clerk to issue a notice or conduct any clean-up campaign on the property.
“There are approximately 9 stalls located at the former Guyana Stores Bond and these stalls do not encroach or impede upon the pavements, roads and drains in the area or in any manner whatsoever hinder or interfere with the ability of the city council to clean or maintain same. In fact, the other vendors and I have always kept our environs in a clean and sanitary condition because we understood and appreciate it was private property and we therefore tried our very best not to give Mr. Malcom Panday any reason to revoke or terminate our licence to occupy same”, he said.
Warner said that during the time he has been occupying the location he was never required by the City Council to pay any rent or other fees precisely because the stalls are located upon private property. It was explained that it was only in December last year that the City Council began demanding a $1000 weekly clean up fee.
He said that he is fearful that his stall and goods will be removed as he has witnessed this being done in the Stabroek Market area.
According to Warner if this is done he is not confident that he will recover his goods and as such stands to suffer irreparable financial loss. He said that the business is his only source of income and if removed or destroyed he would be unable to support and maintain himself and family.
The plaintiff said that he has since been advised by his attorney that the council has no power to remove his stall from that portion of land for which it has no interest whether legal, statutory or equitable. He said too that he and the other vendors have a valid licence from the owner of the property to operate and it cannot be revoked by the council.
He said that unless the injunctions are granted by the court he would be helpless and unable to protect his rights as well as investments.
The matter comes back up for a second hearing on May 10 at 10:30 am.
