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Court finds ‘C’ Island Hotel was legally sold
Court Journal
By: Renay Sambach
Kaieteur News – High Court Judge Justice Sandra Kurtzious on June 2, ruled that the ‘C’ Island Hotel located at Princess and High Streets, Werk-en-Rust, Georgetown, was legally sold and that the signature on the Agreement of Sale was not forged.
Renay Sambach
Marlus Hendricks had reportedly purchased the hotel from his friend of six months, Antoine Charles on July 17, 2019 for $50 million. However, on March 18, 2020, Charles died and his son, Royan and Kenwin Charles had refused to acknowledge the agreement of sale between his father and Hendricks and also refused to process the transfer of the transport.
Marlus Hendricks
After becoming close friends, the Agreement of Sale was prepared by the deceased the night before they visited the Commissioner of Oaths, at which time Hendricks said he paid in cash the sum of $50 million to Antoine Charles. At that time, Hendricks was not informed about the mortgage on the property.
However, after he found out, Hendricks reportedly confronted Charles who then assured that “he would take care of it.”
Hendricks was adamant that despite repeated requests by him for Antoine Charles to convey title of the property, Charles neglected to do so. Therefore, he contended that he is entitled to the conveyance of the property to him by the deceased sons.
After repeated attempts to get Royan to have the property conveyed, Hendricks filed a court action.
Hendricks was represented by attorneys-at-law Clevaun Humphrey, Gwendoline Bristol and Lance Ferreira. Meanwhile, Royan was represented by Nigel Hughes, Rexford Jackson, and Jed Vasconcellas.
The deceased sons contended that the agreement excites suspicion since their father was a very shrewd businessman who never conducted business without disclosing the details and circumstances of the same to them.
Their argument was that the agreement was fraudulently and deceitfully executed by Hendricks; that their father did not receive the sum of $50 million; that their father’s signature on the document was forged; the agreement bears no revenue stamp equivalent to the value of the alleged purchase price inter alia.
‘C’ Island Hotel
According to the court document seen, the judge ruled that handwriting experts’ evidence were divided on whether the various signatures on the agreement were that of the deceased.
However, from the naked eyes, the Court accepts that the signature on the Agreement of Sale is indeed the signature of the deceased. Consequently, the court ruled that there is no fraud committed by Hendricks as contended by the deceased sons, whose allegations of fraud, is premised solely on the execution of the Agreement of Sale.
Justice Kurtzious ruled that she is persuaded that the sum of $50 million was paid in cash to the deceased for the property. On this point, she noted that she took into consideration that some businesses would conduct their negotiations in cash.
As such, she ruled that the hotel was legally sold and ordered that the transport be transferred to Hendricks, within three months from the date of the order.
Cost was awarded to Hendricks in the sum of $150,000. Justice Kurtzious also ruled that the mortgage owed to the Guyana Bank for Trade and Industry (GBTI) must be paid in full to clear the way for the passing of title.
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