Latest update January 20th, 2025 4:00 AM
High Court throws out BK Tiwarie case over claims to Providence housing project
Kaieteur News – High Court Judge, Franklyn Holder has thrown out a case brought by businessman Brian ‘BK’ Tiwarie over the sale of lands located at Plantation Providence, East Bank Demerara (EBD).
Businessman: Brian ‘BK’ Tiwarie
Tiwarie, the former owner of housing project Sunset Lakes which is located at Plantation Providence, EBD, was seeking damages in excess of $300 million for the alleged unlawful transfer of the 100 acres of the said lands valued at US$8 million.
Based on court documents seen by this newspaper, Tiwarie sold the land to Chinese developer, Chu Hungbo of the Chinese Logging Company, BaiShanLin for US$8 million.
He said that upon signing the agreement, Chu paid a deposit of US$4 million. In that agreement, he said too, were covenants which prohibit the land from being encumbered, or the shares disposed of without his permission.
The Sunset Lakes Housing project located at Providence, EBD
Chu went to the bank for the remainder of the payment but the deal fell through, and a court action was mounted that resulted in the property being placed into receivership and as a result the land was sold by the Registrar of Lands to Precious Metal Mines.
In a lawsuit filed in December 2017, against the Registrar, Precious Metals, Sunset Lakes, Citizens Bank, Nigel Hinds and another, Tiwarie argued that at the time of the sale and transfer of the lands, there existed, and still exists, a caveat in his favour, operating as a statutory bar to any such transfer.
But in his recent ruling on the matter, Justice Franklyn Holder found that Tiwarie had no permanent rights to the lands that was solely in the name of Sunset Lakes; a company that has its own legal personality from its creditors or shareholders.
As such, the judge issued orders that the Registrar of Lands remove the caveat lodged by BK Tiwarie as it is defective and essentially discloses no interest in the land.
Director of Chinese logging company BaiShanLin, Chu Hungbo
Justice Holder explained in his decision in the matter not to quash the decision of the Registrar of Lands to register the instrument of transfer of the property to Precious Metal Mines Inc. and not to set aside the Certificate of Title issued must be understood in the context of the peculiar facts of the case.
He said the decision must not be read as the court giving its approval of the actions of the Registrar of Lands in determining that the caveat lodged did not disclose that Tiwarie had a valid interest in the land.
This, he noted, was outside the jurisdiction of the Registrar of Lands. “However, had the Registrar complied with Section 125(6) of the Land Registry Act, I am of the opinion that the very issue amongst others would have been raised in any proceedings before the court by the parties seeking to have the instrument of transfer registered,” the judge outlined in his written decision.
He explained too that, “The deficiency in the caveat resides on the very face of the document. In the circumstances, I thought in the interest of time, saving of money and the maximisation of the court’s scarce resources that it would be prudent and judicious to consider and rule on the issue in these proceedings.”
In those circumstances, the judge ordered that Tiwarie’s case be dismissed.
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