Latest update January 7th, 2025 1:59 AM
Oct 29, 2013 News
…Chang restrains move to block lawyer’s access to building
Attorney-at-Law Saphier Husain has secured an injunction against the Government through its Attorney General, the First Federation Life Insurance Company and the Official Receiver which is the Public Trustee, for the Croal Street property under dispute.
Chief Justice, Ian Chang handed down the ruling this past week, ordering that Government be restrained from interfering with Husain’s “ingress and egress and occupation and use of the First Federation Life Insurance building on Croal Street and Manget Place.”
Husain has since accused the government of a malicious strategy to remove the occupants of the building in a bid to sell the property.
In his Affidavit in support of his motion, Husain said that the Attorney General has acquired a valuation of the property for some $249M which indicates Government’s intention to sell, transfer or dispose of the property.
In that affidavit in support of his plea for an injunction, Husain said that in July 1987, he entered into an Agreement of Tenancy, with the First Federation Life Insurance Company for an office in the building.
He said that he has paid his rent annually from that time up to December 2013.
In 1988 there was an order to liquidate the Insurance Company and from that time the rent was paid to the Official Receiver, which is the Office of the Public Trustee.
In July last year, Husain said he was sent a “Notice to Quit’ which was followed by a Summons in January this year, filed by Solicitor General, Sita Ramlal.
When the matter was called up, Husain argued that Government through the Public Trustee was not the owner of the building and as such could not claim the building for its use.
According to Husain, when this matter was disposed off, he subsequently received a notice from the Chief Electrical Inspector which claimed that a site visit was conducted and that electrical installation in the office posed a clear and present danger to life and property.
“Instructions have been given to the Guyana Power and Light to have power disconnected.”
This directive from the Chief Electrical Inspector was copied to the Public Works Minister, Robeson Benn as well as to the Public Trustee in the Ministry of Legal Affairs.
According to Husain, an inspection was carried out by an independent electrician who found no defect.
The electrician then approached the Ministry of Public Works and was told that “they are instructed by the Government and including the Prime Minister, not to issue any Certificate of Inspection for offices located at First Federation Building.”
Husain said that the building was certified in 2000 after which electricity was being supplied and having not been given a hearing before the order to disconnect power to the building, the action was in contravention of the Principles of Natural Justice.
According to Husain, the directive to disconnect power “was issued in a conspiracy with the Public Trustee/Attorney General/State Solicitor with the ulterior motive to forcefully eject me from Room 2, First Federation Building contrary to the rule of Law.”
Husain further claimed that agents of the government removed the wooden door and grills to the entrance of the building and poured 15 gallons of waste engine oil which was strewn along the ground floor in September.
Husain said that he replaced the door which was again removed a week later by agents of the Government and again waste oil was poured on the ground floor.
He said, too, in his affidavit that later in the month, agents or servants of the defendants committed a carefully calculated destruction of the telephone wiring and lighting system which was used by him powered by a generator.
A 50-foot drop cord, bulbs and switches were also stolen.
A few days later the door to the building was again removed and engine oil poured on the ground floor.
According to Husain between 1987 and 2013 he has invested over $10M in the maintenance of the property, since the defendants have intentionally failed to do so.
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