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Feb 28, 2023 Court Stories, Features / Columnists, News
Kaieteur News – High Court Judge, Justice Gino Persaud has granted judgment against Trinidadian Company, Davis Ecolife Ltd in an application brought by the National Data Management Authority (NDMA) through the Attorney General’s Chambers.
On the 31st January 2023, NDMA filed an amended Fixed Date Application (FDA) seeking several reliefs including an order for restitution in the sum of $6,159,325, constituting an advance payment made by the claimant to Davis Ecolife Ltd for which there were no works done.
The Trinidadian company failed to file an Affidavit in Defence to the application and failed to attend court on two occasions. The Court therefore granted judgment in the sum of $6,159,325.00 and costs in the sum of $500,000 in favour of NDMA.
The NDMA is a body corporate established under the National Data Management Authority Act Cap. 27:13, Laws of Guyana and is responsible for data processing and information systems in the Public Sector.
Davis Ecolife Ltd, is a company Incorporated under the Companies Act 1995 of Trinidad and Tobago and by way of letter dated 7th November 2018, the company held itself out to be the sole distributor and creators of the Eco Pod building system, a system that combines energy efficient building systems with solar technology to offer one complete product. On the 30th November 2018, the National Procurement Tender Administration granted its approval for the contract provision of Eco Pods for NDMA to be 1 awarded to Davis Ecolife Ltd. for the tendered/corrected sum of US$66,941.00.
On the 4th December 2018, NDMA executed a written agreement with Davis Ecolife Ltd at an agreed price of US$66,941.00 for the supply of two (2) prefabricated enclosures (Eco Pods) to house ICT hubs to be installed at two sites identified by NDMA.
On the 22nd January 2019, a deposit of US$28,449.54 equivalent to $6,159,325.00 was paid to Davis Ecolife Ltd. by way of wire transfer. The said agreement had a completion date of 25th January 2019; however, Davis Ecolife Ltd. failed and/or neglected to perform the contract in accordance with the agreed completion date.
On the 31st January 2023, NDMA through the Attorney General’s Chambers filed an Amended FDA seeking the several reliefs including a declaration that Davis Ecolife Ltd breached the contract executed on the 4th December 2018; damages in excess of $100,000 for breach of contract; a declaration that Davis Ecolife Ltd has been unjustly enriched in the sum of $6,159,325 as money it had received; an order for restitution from Trinidad company in the sum of $6,159,325.00, constituting an advance payment made by the Claimant to the defendant for which there were no works done.
The Trinidadian Company failed to file an Affidavit in Defence to the Application and failed to attend court on two occasions. The Court therefore granted judgment in the sum of $6,159,325.00 and costs in the sum of $500,000 in favour of NDMA.
NDMA was represented by the Anil Nandlall SC Attorney General and Minister of Legal Affairs, and Mr. Teakaram Singh, State Counsel. Davis Eco Life Ltd was initially represented by Attorney-at-law, Mr. Javed Shadick and thereafter by Ms. Marissa Nadir, Attorney-at-law. Both Attorneys withdrew their appearances in the matter.
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