The Attorney General (AG) has filed an action against BK Marine Inc. of the BK Group of Companies—for it to give up occupation of the 43,966 square feet bond located at Lot 5 Water Street, and all mesne profit derived therefrom dating back to August 1st, 2009.
Mesne profits are monies paid for the occupation of land to a person with right of immediate occupation, where no permission has been given for that occupation.
The AG (the Claimant), wants all sums from the profit for the occupation of land to cover right up to the point until the land space is handed back over to the state and to also include interest.
The Claimant wants the court to order BK Marine Inc. (the Defendant), to deliver all possessions of the bond within the next month and to declare that it is trespassing; for which the AG is also seeking damages.
In addition, the AG is asking the court to grant any further order it deems just, as well as court costs.
The bond at the centre of the suit is located at the northern section of the goods department compound of the Transport and Harbours Department (T&HD), Water Street, Georgetown.
In his statement of claim, Attorney General Anil Nandlall SC avers that on August 1st, 2003 the T&HD of the Ministry of Public Works entered into an agreement with BK Marine Inc. to rent the bond for a 50-year period.
He said that the property was rented to the defendant for $600,000 annually in pursuance of which the latter agreed to pay for three years in advance and then after, on an annual basis.
Nandlall said that the defendant paid to Demerara Bank an advance of $1,800,000 and thereafter went into possession
The AG said, however, that BK Marine Inc. ceased payments from August 1st, 2009, and as a consequence, the agreement was terminated on that very day, for failure to comply with terms of the agreement which he said amounted to a fundamental breach.
The agreement, he notes, was orally terminated by T&HD.
The AG said that notwithstanding the termination, the defendant for about the past 11 years remained in possession of the property and has ever since “failed and/or neglected” to vacate the premises or pay the annual rental.
Nandlall said that BK Marine has since incurred the sum of $8,400,000 in arrears of rent for the period August 1st, 2009 to January 1st, of this year.
The AG deposes too, that through the T&HD he was unable to use or rent the bond space and, as a consequence claims loss and mesne profits from the defendant.
