In its continued bid to dispossess Demerara Contractors and Engineers Limited (DCEL) of a now-embattled piece of waterfront Providence land, Pritipaul Singh Investments (PSI) has lodged an appeal against a High Court ruling which found DCEL to be the rightful owners.
In a judgment handed down in October of last year, Justice Nareshwar Harnanan had found that PSI had no legal rights/claims to the land and ordered the seafood processing giant to vacate no later than January of this year.
PSI which continues to flout the court order as no stay has been granted, subsequently filed an appeal in which it is seeking to have the judgment set aside; arguing that the judge made a number of legal errors.
Dissatisfied with the entire judgment, PSI (the Appellant) is contending among other things that Justice Harnanan erred in finding as a matter of fact, that DCEL (the Respondent), only became aware in July of 2016, that it (PSI) was developing the property all along.
The Appellant is advancing that “there was clear evidence” that the Respondent “knew or ought to have known,” that the development was taking place before that—since February of 2015.
Proprietor of PSI—Pritipaul Singh—had admitted during the High Court trial that when he started clearing the disputed land, he did not know whose it was and that he did not have permission from DCEL or anyone else.
PSI had, however, been hoping to be granted the land under the doctrine of proprietary estoppel, by arguing that DCEL would have acquiesced to its activities in the property.
Proprietary estoppel is an equitable doctrine that prevents someone from relying on certain facts or rights which are different to earlier ones – to the detriment of someone else.
PSI sought to contend that even if the portion of the property was owned by DCEL, they knowingly failed to assert their right against the occupation and development by the defendant, to its own detriment.
Justice Harnanan, however, found that PSI was not operating under the mistaken impression that the land formed part of its transported land which it purchased from Georgetown Seafoods Ltd; while further noting that it acted to its own detriment over developmental activities based on no assurance, or acquiescence (whether active or passive) by DCEL.
The judge had said he found no evidence that DCEL knew of the development activities PSI had been carrying out on the land before July 2016; nor is there any evidence that the claimant ought to have known of those activities.
Another error which PSI is contending the judge made, was his failure to consider/and or assess the fact that itself and predecessor in title—Georgetown Seafoods Ltd—adversely occupied the property by the laying and use of pipelines through the disputed property for several years prior.
The Appellants are arguing that there is clear and un-contradicted evidence to support this claim, and further that the judge “failed to appreciate” or adequately assess the significance of that evidence.
PSI is of the belief that Justice Harnanan erred in finding that it trespassed, holding to the view that his decision was “against the weight of the evidence.”
In his finding that PSI had trespassed on the land, the judge added further that there exists no principle in law on which PSI can rely to retain its occupation of the property.
“This Court also finds that the defendant has failed to demonstrate any beneficial interest in and to portion W, based in equity or otherwise, which estops the claimant from asserting its title over, or which entitles the defendant to any monetary compensation for developmental works carried on over portion W,” Justice Harnanan had declared.
Among the reliefs being sought, the Appellant is hoping that the entire judgment and award of costs to DCEL be reversed or set aside; and any further order which the court deems just to grant.
The matter will be called before the Guyana Court of Appeal on June 9th, to facilitate arguments on a summons.
Following the High Court ruling, DCEL has been publicly demanding that PSI end its continued occupation of the land as well as a series of alleged “threatening actions which seek to intimidate DCEL employees.”
A statement on May 11th from the company—a subsidiary of Demerara Distillers Limited (DDL) sought to reiterate the court’s order to PSI to give up possession of the property.
DCEL had said that despite the ruling PSI has continued its occupation of the land by keeping materials and equipment on the site; while adding that on several occasions, heavy-duty equipment was used to block DCEL access to the property.”
DCEL says that on April 22nd, its employees made a report at the Providence Police Station, that an excavator, belonging to Pritipaul Singh Investments, was blocking a bridge to the property.
Later that day the police advised that they would visit Pritipaul Singh Investments with the court Order and would request the removal of the excavator. The excavator remained in place and a follow-up report was made to the Commander of Police Division 4B.
Again, on Saturday May 1st, 2021, PSI proprietor Pritipaul Singh was, they claimed approached on the property by DCEL security staff who advised that he was trespassing. His response was to indicate that the matter is in court. On May 3rd, a marshal of the High Court is said to have removed the excavator but PSI’s occupation and obstruction continues.
On May 11th, PSI was accused of upping the ante and behaving in an aggressive manner towards DCEL staff.
According to DCEL, the illegal occupation and continued obstruction by Pritipaul Singh Investments have delayed the commencement of extensive works for the development of DCEL’s waterfront facilities at Providence which are part of the company’s efforts to build its capacity and expand the services offered by the DDL Group of Companies.
The embattled Lot W front land of Plantation Providence comprises 1.22 acres.
