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SOL accused of highhanded actions against litigant
Around 10.00 pm on Monday the owners of, SOL GUYANA INC. entered the gas station premises at Ogle, East Coast Demerara with heavily armed private security and broke open the doors to the convenience store.
The Sol team then changed the locks, placed yellow tape around the premises and installed their own security guards on the premises. These guards are now preventing the wife of the former owner from entering the premises to carry on the business.
The former owner was Sheik Yusuf who died recently and was buried last Sunday
Prior to his death he was involved in litigation with SOL which was demanding possession of the said gas station.
Yusuf was ordered by the Court in that action to give up possession on or before January 31, 2011. He appealed that Order and was granted a stay of execution pending the hearing and determination of his appeal.
That Order was appealed by SOL and that appeal is still pending.
In another course of action Yusuf had obtained an injunction against SOL which required SOL to supply him with fuel (for which he paid) and also prevented them from dispossessing him.
That injunction was subsequently discharged by the Court but a stay of execution was granted until June 30, 2011.
As such there are two Court Orders preventing SOL from interfering with the company’s move to possess the gas station.
A point to note, according to Yusuf’s attorney, Robin Hunte, is that it is interesting that the Shell Franchise Dealer Agreement on which SOL is relying for possession expressly states that “Franchisee” (Yusuf ) includes his heirs, administrations, executors and personal representatives and Yusuf died testate leaving his wife as his executrix.
Yusuf’s wife, as his executrix, now steps into his shoes and as such is entitled to the benefit of the two Court Orders until they are set aside and in the circumstances SOL’s actions are high-handed and clearly in breach of the two Court Orders, according to his attorney.
Yusuf was represented by Mr. Winston Murray who is now deceased, and his new Lawyer is Robin Hunte, whilst SOL is being represented by Mr. Rex Mc kay, S.C. and Mr. Neil Boston.
It is understood that Mrs Yusuf has applied to the Court to be substituted in place of her husband and to be made a party to the actions.
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