Attorney General and Legal Affairs Minister Anil Nandlall, SC, has initiated legal proceedings against BK Marine a subsidiary of BK Group of companies for trespass in relation to its occupation of a bond located at Lot 5 Water Street, Kingston, Georgetown in the compound of the Transport and Harbours Department (T&HD). Nandlall has also claimed rent arrears against BK Marine in the sum of $8.4 million for the period August 1, 2009, to January 15, 2021.
In a Statement of Claim, Nandlall deposes that he is entitled to possession of the bond. In the circumstances, he is asking the court to grant an order that BK Marine deliver up possession of the property which measures 43,966 square feet. He is also asking for a declaration that BK Marine committed trespass in its continued occupation of the bond space.
Also, the Attorney General wants the court to award damages for trespass, mesne profits from August 01, 2009, until BK Marine gives up the bond, interest in accordance with Section 12 of the Law Reform Miscellaneous Act, such further or other orders as the Court deems just and reasonable and costs.
Nandlall said that on August 1, 2003, T&HD entered into an agreement with BK Marine for the rental of the bond at an annual rental price of $600, 000 and in pursuance of the agreement, the company agreed to the payment of an advance of three annual rents of $1.8 million and thereafter every year.
BK Marine subsequently took possession of the bond, he added.
Nandlall, however, said that BK Marine stopped paying rent for the bond space from August 01, 2009, and as a consequence, the agreement was terminated from August 1, 2009, on the ground of failure to comply with clause two of the agreement which amounted to a fundamental breach of the agreement.
The agreement, Nandlall noted, was orally by T&HD.
According to Nandlall, notwithstanding the termination of the agreement between BK Marine and the T&HD, BK Marine continued to occupy the property and has failed and/or neglected to vacate the premises or pay an annual rent of $600,000.
Taking this into consideration, Nandlall submits that BK Marine has incurred the sum of $8.4 million in arrears of rent from August 1, 2009, to January 15, 2021. He further submits that as a result of BK Marine’s occupation of the bond he was unable to use or rent it and as a consequence claims loss and mesne profit.