Latest update November 28th, 2024 3:00 AM
Aug 13, 2016 News
China Harbour Engineering Company has been taken to court by Fazal Mohamed, a private citizen, who claims that the company is stealing his loam.
The matter was heard by Justice Brassington Reynolds yesterday morning.
Mohamed informed the court that he and his brother are the lessees of a parcel of land situated on the Right Bank of the Dakara Creek, Left Bank of Madewini River, Right Bank of the Demerara River.
He said he was leased the land for agricultural purposes.
Mohamed said he was issued with a Special Mining Permit issued under Section 63 of the Mining Act.1989 to occupy and mine loam upon the land since June 2004, by the Guyana Geology and Mines Commission.
He said that he was occupying and mining loam on the land ever since, and renewed the said Mining Permit every five years hence, in accordance with the terms of the permit.
He noted that the construction company is currently engaged in ongoing expansion works at the Cheddi Jagan International Airport, Timehri.
He said that in July, without the consent of him or his brother, 16 lorries owned and operated by China Harbour along with a front-end loader, entered his land
Mohamed claimed that the front-end loader excavated loam and loaded into the 16 lorries, which deposited the loam to a site in proximity to the Cheddi Jagan International Airport, Timehri.
He said that he was informed by an employee of China Harbour that the company intends to continue to excavate and remove from loam, “because the Respondent/Defendant is of the view that my brother and I have no rights, title or interest in respect of the said land. As a result, I gave to a senior functionary of the Respondent/Defendant’s company copies of my documents.”
He claimed that China Harbour is insisting that it has a right to excavate and remove loam from the land and has even told him that.
Mohamed is seeking damages in excess of $1M for trespass committed. He also sought an injunction restraining China Harbour from taking more loam
He said that he and his brother are the owners of substantial movable and immovable properties valued in excess of $200M and asked that the court granted an injunction so that China Harbour would be barred from further removing loam. However, the injunction was not granted.
China Harbour’s counsel contended that the Ministry of Public Works will confirm whether the land belongs to the Mohameds.
A request for the excavation to cease while the Ministry “confirms” the Plaintiff’s claim to the land was also refused.
The matter was adjourned to August 22, 2016. Leave was granted to China Harbour to file an Affidavit in Answer.
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Nov 28, 2024
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Justice Brassington Reynolds needs to be investigated for ties closer than normal to the former PPP government corrupt cabal drawback elite… something about the injunction refusal seems fishy, no?