AG goes after BK for millions owed in rent for Water Street Bond

Feb 16, 2021 News

Attorney General and Legal Affairs Minister, Anil Nandlall, S.C.

Kaieteur News – Attorney General and Legal Affairs Minister, Anil Nandlall, S.C., has moved to court to collect on outstanding arrears in rental for a Water Street, Kingston Georgetown bond facility from BK Marine– a subsidiary of the BK Group Of Companies.
In court papers, Nandlall outlined BK Marine’s failure to pay for the rental from August 1, 2009 to January 15, 2021.
As a result, he says, the arrears now amount to in excess of $8.4M.
In a document to support, the Statement of Claim, the AG outlined that the BK Marine bond located at Lot 5 Water Street, Kingston, Georgetown, in the northern section of the compound at the Transport and Harbours Department (T&HD) has been in arrears for rent but continues to trespass on the property by way of its occupation.
Nandlall explained that T&HD entered into an agreement with BK Marine on August 1, 2003, to rent the bond at an annual rental price of $600,000.
He said that the BK Marine agreed to terms and conditions of the payment and made an advance of three years annual rent totaling $1.8 million, with a promise to make installments every year.
Nandlall however said that BK Marine stopped paying rent for the bond space from August 01, 2009, and the agreement was orally terminated from August 1, 2009, over a failure by the company to comply with the agreement.
The Attorney General (AG) said that BK Marine subsequently took possession of the bond, notwithstanding the termination of the agreement and continued to occupy the property and has failed and/or neglected to vacate the premises or pay an annual rent of $600,000.
Taking the circumstances of the breach into consideration, the AG said he is entitled to possession of the bond.
Nandlall submitted that BK Marine has incurred the sum of $8.4 million in arrears of rent from August 1, 2009, to January 15, 2021.
He noted too that the State was unable to use or rent it and as a consequence, the loss and mesne profit is calculated.
Nandlall has therefore asked the Court, to grant an order that BK Marine deliver up possession of the property, which measures 43,966 square feet within one month’s time.
He is also asking for a declaration that BK Marine committed trespass in its continued occupation of the bond space.
As a consequence, Nandlall wants the Court to award damages for trespass, mesne profits from August 01, 2009 until BK Marine gives up the bond and interest in accordance with Section 12 of the Law Reform Miscellaneous Act.
He also asks for such further or other orders as the Court deems just and reasonable in addition to costs.

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