Seized vehicles from Clico were unlawfully removed

Kissoon’s lawyer complained…
THE three vehicles seized from CLICO on Thursday as part of court judgment for fire insurance claim between A.H.&L. Kissoon, Ltd and 4 insurance companies have been unlawfully removed from the Supreme Court Registry on Monday, it was reported in another section of the media.

Contrary to a newspaper report which stated that the vehicles were taken away on a court order, the marshal of the Supreme Court who played a role in the exercise said that no court had sat and that she had acted on directions from the acting registrar who was also acting on instructions from ‘a High authority’.

When approached, Chief Justice Ag., Mr. Ian Chang said the court did not issue any order nor did it sit to make any ruling and added, “what’s the use complaining, the press writes what it wants”.

On the other hand, Senior Counsel Mr. Rex Mc Kay, lawyer for Kissoon, the plaintiff, said that he was amazed at the publication (in the Kaieteur News) and had decided to write the Deputy Registrar for clarification.

Among other things, Mr. Mc Kay directed a letter to the Deputy Registrar, re: WRIT of execution No. 324801 of 4th December, 2008 issued on the 4th December, 2008.

The letter read “I act for AH&L Kissoon Ltd., the judgment creditor in the matter at caption. On Thursday 13th August, 2009, a Marshal of the High Court acting under a Writ of Execution issued by the Registrar of the High Court on the 4th December, 2008 levied on and took into execution three vehicles owned by Clico, the judgment debtor. The said vehicles were lodged in the High Court compound and remained in custodia legis pending sale at execution.

On Monday the 17th August, 2009, the said vehicles were removed from the High Court compound. My client instructs me that he did not consent to the said vehicles being removed ex custodia legis.

I am writing therefore to enquire whether the said vehicles were removed by an Order of Court made by a Judge of the High Court of the Supreme Court of Guyana inasmuch as “no one had the right to interfere with them in any way except by virtue of an Order of Court.”

Your urgent reply will be appreciated. However, should you not make a timely response to my enquiry I will regard the removal of the vehicles as unauthorised and advise my client to institute such legal proceedings as are necessary.”

SHARE THIS ARTICLE :
Facebook
Twitter
WhatsApp
All our printed editions are available online
emblem3
Subscribe to the Guyana Chronicle.
Sign up to receive news and updates.
We respect your privacy.