Lysons moves to block NICIL from transferring property to National Hardware

May 16, 2010 News

A former clothing giant in Guyana is in court battling National Hardware (Guyana) Company Limited and the government-controlled National Industrial and Commercial Investments Limited (NICIL) over a valuable piece of property at the Ruimveldt Industrial Estate.
National Hardware has located its main operations there.

The Ruimveldt property leased to National Hardware that is mired in a court battle.

Lysons Knitwear Industries Limited, Lysons Dieknit Inc. and L. Yasin and Sons Limited, all related companies, filed the case back in February and were granted injunctions against the defendants.
Additionally, the plaintiffs, being represented by Lawyers, Senior Counsel Edward Luckhoo and Fitz Peters, are seeking $100M in damages from the two defendants.
In their claim filed on February 4, last, Lysons contends that they are the tenants of Plots 1 and 2 at the Industrial Estate.
The company asked for a declaration that a notice by NICIL dated May 15, 2007, to hand over possession of the premises at Ruimveldt, to them is null void and of no legal effect.
Lysons is also asking that the court declare that a Lease Agreement entered into on January 12, 2010, between the NICIL and National Hardware is also null and void.
The company is also demanding “damages in excess of $50,000,000 against the First Defendant for unlawfully purporting to dispossess the plaintiff from the premises known as Plots 1 and 2 Ruimveldt Industrial Estate, Georgetown, Guyana.”
Lysons, in its Endorsement of Claim, also claimed that NICIL interfered with a rental contract between National Hardware and a company of Lysons “wrongfully inducing and/or procuring breach of contract”. For this Lysons wants another $50M in damages.
The company asked for an injunction restraining the NICIL or its officers or servants from interfering with their possession of the Ruimveldt property.
Additionally, Lysons was granted an injunction restraining the NICIL from “entering into or purporting to enter into any lease, licence, tenancy or similar agreement with any person or entity other than the plaintiffs or collecting any rent with regard to property known as Plots 1 and 2 Ruimveldt Industrial Estate, Georgetown, Guyana.”
In the court documents, Lysons is seeking an injunction restraining NICIL from conveying, transporting, passing title or alienating or disposing of property known as Plots 1 and 2 to any other than to them, including to the possession of National Hardware.
Lyson is also asking for “an order directing the Registrar of Deeds to rectify transport No. 1061/2000 Demerara issued in favour of the First Defendant by deleting the words “with the buildings and erections thereon” from the description of the property. A declaration that the First Named Defendant has unlawfully deprived the Plaintiffs of their rights to property contrary to Article 142 of the Constitution of the Co-operative Republic of Guyana.”
Lysons wants the lease agreement made between NICIL and National Hardware in January be set aside since it contravened the Plaintiffs’ fundamental right to property as protected by the constitution of Guyana.