City businesswoman moves against Scotia Bank to save property

Jan 04, 2009 News

Attorney-at-Law Llewellyn John has filed a writ in the High Court seeking to restrain a commercial bank and one of its customers from dispossessing a city businesswoman of her property.

The property, situated at 47/57 Austin Place and Croal Street, Stabroek, is currently occupied and owned by businesswoman Joy Ming-Hutson.

The move to the court was necessitated after the Bank of Nova Scotia informed the businesswoman, by way of a letter dated October 2, 2001, that the property in question, which had been mortgaged to the bank, has been purchased by the said bank at execution, and as a result is now owned by the bank.

According to the bank, the businesswoman is consequently no longer entitled to be in the premises.

In the circumstances, the bank had ordered Ming-Hutson to vacate the property.

However, according to Ming-Hutson, she was never indebted to the bank with regards to the mortgage mentioned.

She claimed that the mortgage in question was granted to a city attorney who was given power of attorney to act on her and her mother’s behalf.

Since then, the bank has moved to have her vacate the property, and had even sent its officers to oversee her removal.

Ming-Hutson claimed that on one occasion, when the bailiffs appeared at her home, she had to seek the assistance of the police.

“My children have been traumatised by this whole affair,” she told this newspaper.

She claimed that on several occasions she was notified that the property had been bought by a number of persons who, having learnt of the dispute, pulled out of the purchase arrangements.

The last purchaser was identified as a Gowrie Madhoo, who up to December 31 could not be located, despite several efforts by bailiffs from the High Court.

In the writ, which was filed on December 31, Ming-Hutson is seeking to have the court revoke and cancel the transport in the name of Gowrie Madhoo on the grounds of fraud, deceit, misrepresentation and suppression of material facts.

Ming-Hutson is also seeking an injunction restraining the defendants, their servants and or agents from dispossessing her or disturbing her in her occupancy and possession of the said property.

In addition, the businesswoman is seeking an injunction restraining the defendants and agents from alienating the immovable property.

Ming-Hutson is also asking the court to award damages in the sum of $50,000 for fraud, misrepresentation and suppression of material facts in respect of the property in question, as well as costs.

Ming-Hutson believes that the attorney who was given power-of-attorney by her now dead mother had used the property to secure a personal loan, which was defaulted, causing the bank to move to relieve her of the home she has occupied all her life.

The bank and Madhoo have 10 days from the filing of the writ to enter an appearance in court, failing which the plaintiff will proceed, and judgement may be given in their absence.