Rex Mc Kay, S.C; files contempt proceedings against 3 defendants.

SENIOR Counsel Mr. Rex Mc Kay, the constituted attorney of TRINE MISICK, a plaintiff in a civil action, has filed a motion for contempt against Telcor and Cultural Broadcasting Inc., the Town Clerk of Georgetown and the Central Housing and Planning Authority. The notice of motion issued by Attorney-at-Law Fitz Peters disclosed that the court will be  moved on Monday December 3, at 09:00hrs when counsel for the  plaintiff will seek the following orders:
a) That Omkarananda Lochan,  Secretarty of Telcor Cultural and Broadcasting Inc. (Telcor) the first  defendant,  be committed to the Georgetown prison for his contempt of court in unlawfully disobeying the  Order of the Honourable Chief Justice Ian Chang, made on the 14th day of September, 2012 and varied on the  25th day of October, 2012;
b) That the said Omkarananda Lochan do pay to the plaintiff, her costs of and incidental to this application;
c) Such further or other order as may be just.
According to notice of motion, the grounds in support of the said application is to the effect   that in August, 2012, Telecor commenced to carry out building operations at 119 Laluni Street, Queenstown, Georgetown.
In September, 2012, the plaintiff’s attorney wrote to the City Engineer complaining of the unlawful construction being carried out on the lot on Laluni Street.
On September 20, 2012, the City Engineer served a cease work order on the first defendant.
By the time the cease work order was served on Telecor on the  20th September 2012, Telecor had already completed the three foundations for the broadcast tower and poured concrete on them, each measuring approximately 6’x6’x6’.
It is said that By-laws 67 and 70 of the Georgetown Building By-laws prohibit the erection of any building for trade or business on any lot east of Oronoque Street, Queenstown. South half of lot 119  Laluni Street is situated  east of  Oronoque Street in Queenstown.
On 14th September, 2012, on the application of the plaintiff, Chief Justice Ian Chang made an order restraining Telecor and Cultural Broadcasting Inc. from continuing building operations on the south half of Lot 119 Laaluni Street, Queenstown, until after the hearing and determination of a Summons in this cause.
It was pointed out that in breach of an injunction that was granted.  Telecor and its officers, with notice of the said injunction order of the Chief Justice made on the 14th September 2012, continued building operations on the said lot.
On the 5th November, 2012, the Chief Justice granted an Order Nisi of Certiorari directed to the CHPA to show cause why its decision to grant permission to Telecor should not be quashed.
Notwithstanding the service of the said Order of Court, and the letter sent to Mr. Omkarananda Lochan, the company, with knowledge that the legal effect to the said purported permission granted by the CHPA is stayed by reason of the said nisi order, willfully disobeyed the injunction of the Chief Justice.

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