ACCORDING to the statement of claim in the matter between Bashair Mohamed, trading as B.M. Soat Auto Sales, the agreement between the plaintiff (Bashair Mohamed) and the said Richard Jairam was for the latter to return the said motorcar the following day to complete the registration process.
It was pointed out that, on the said 24th August 2010, police officers attached to the Grove/Diamond Police Station arrested the said Richard Jairam in the vicinity of Grove, East Bank, Demerara, on an allegation of robbery and also seized and detained the said motorcar, which is currently at the aforesaid police station.
Thereafter, the said Richard Jairam failed, refused and/or omitted to pay the aforesaid further deposit and the monthly installments under the hire purchase agreement as they became due and payable and he is currently, indebted to the Plaintiff in the sum of eighteen thousand United States dollars (US$18,000) in respect of the said motorcar.
As a result, the plaintiff terminated the said agreement under the terms thereof and in the exercise of his powers as owner and the power of repossession. The Plaintiff also sought on numerous occasions to have the said motorcar released by the Guyana Police Force into his possession, but to no avail.
On each occasion, the reasons given by senior officers of the Guyana Police Force are that “investigations are continuing” and that the “motorcar was bought from the proceeds of a crime”.
Despite the production of the purchase agreement between the plaintiff and the said Richard Jairam, the Guyana Police Force still refuses to release the said motorcar to the plaintiff.
Presently the said car has been in police custody at the Grove/Diamond Police Station, East Bank, Demerara, for over 10 months and its condition and value are deteriorating due to its exposure to the weather and other elements.
Wherefore, the plaintiff claims from the defendants, jointly and severally, the following.
(I) possession of unregistered Toyota Allion Motorcar, chassis #NZT240-0030238.
(II) damages in excess of fifty thousand dollars for detinue.
This writ was issued by Mr. Mohabir Anil Nandlall, Mr. Euclin Gomes & Mr. Manoj Narayan, Attorneys-at-Law.