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Ogle gas station fiasco… Sol refutes allegations of forced possession

Apr 24, 2011 News

Sol, the company that now owns the Shell franchise, has said that an article published in the April 21 edition of the Kaieteur News contains defamatory allegations against SOL.
The article stemmed from a move by Sol to repossess the franchise for its gas station at Ogle after Sheik Yusuf, the man who held the franchise, died on April 14, last. “With respect to the published article we wish to indicate that the allegations are false and the headline misleading.
The truth is that after Mr. Sheik Yusuf’s death, SOL acted under Clause 44.1 (c) to terminate the said agreement and took possession of the (SOL owned) premises  under Clause 47 (ii), (ix) and (x) and Clause 22 of the Agreement,” said Mr Ken Figaro, Sol’s General manager.
Clause 44.1 of the Agreement reads: If the Franchisee or the nominated person (where the Franchisee is a Corporation) dies or becomes incapable by reason of mental or physical incapacity of controlling the operation of or the carrying on of the Business, Shell may forthwith terminate this Agreement
Clause 47 of the Agreement reads: Immediately upon the expiry or prior termination of this Agreement pursuant to its terms, the Franchisee will:(ii) vacate the Premises (ix) promptly deliver up to Shell all Fuels, Lubricants, and LPG Stocks and (x) promptly deliver to Shell’s possession the Premises (including all keys thereto) and the current combination code or key to the security safe (if any) and any other property belonging to Shell for the time being upon the premises and Shell and the Franchisee shall each promptly pay and account for all moneys due by each to the other.
“There is no injunction restraining SOL from acting within the terms of the said Agreement to terminate the said Agreement on the death of Sheik Yusuf, and in accordance with Clause 22 of the Agreement “Shell, its employees, agents and contractors at all times will have the right to enter and remain at the Premises without interference or obstruction for any purpose whatsoever,” Figaro said.
“We deny breaking into the convenience store.”
He said that about 9:00 p.m. on April 18, last, SOL installed locks on the fuel tanks and dispensers and placed a chain with padlock on the door handles of the convenience store.
Further, “caution tape” was placed at the exit and entrance of the premises and around the pumps on the pump islands.  A security guard was also posted on the premises to prevent unauthorised entry and acts of vandalism, he added.
“We have since met and held discussions with Mrs. Yusuf in an attempt to facilitate a smooth transition.”
Mr Figaro said that the Clause which Mr. Robin Hunte, the lawyer representing the Yusufs, has referred to was not quoted in its entirety and has therefore caused the facts to be misrepresented and readers to be mislead.
“SOL is indeed deeply saddened by the misinformation and Mr. Hunte’s attempt to influence the course of justice.”

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