SAMUEL Barakat and the Engineering and Construction Inc. have filed a constitutional motion asking the High Court of the Supreme Court of Judicature to find that the agents of the Attorney General, the Guyana Revenue Authority and the Guyana National Bureau of

Standards are in breach of the Trade Act.
The businessman and the entity contend that the Engineering and Construction Inc. is the importer of Carrier air condition units, and is in compliance with Order No. 19 of 2007, and Order No. 10 of 2010, made under the Trade Act, Chapter 91:01, whereby the refrigerant R-22 (CHFC) was made illegal. But despite this information and warnings, the sellers of Split air condition units reputedly continue to import   those units, which contain the Refrigerant R–22, a gas that has been specifically banned under the said Trade Act Orders, and is described therein as HCFC-22 a prohibited item.
Dino De Agrella of Lot 12 Friendship, East Bank Demerara, who also swore to an affidavit in support of the Notice of Motion, told about visiting a number of places and observing Split air condition units and/or refrigerants being sold.
De Agrella said that selling the said condensers, which contain the refrigerant R-22, is in breach of the aforementioned Trade Act Orders, as the refrigerant R-22 contains Ozone- depleting substances which are harmful to the environment.
De Agrella added: “It is my honest and firm belief that all the air condition units which I had seen appeared new, and were imported into Guyana after the coming into effect of the Trade Orders No. 19 of 2007 and No.10 of 2010.”
Through Mr. K.A. Juman-Yasin, Mr Samuel Barakat and his Engineering and Construction Inc have asked the court for the following remedies:
(a) A declaration that the servants and/or agents of the respondents are in breach of the Orders No. 19 of 2007 and No. 10 of 2010 made under the Trade Act, Chapter 91:01, in that they have failed and/or neglected to stop the importation of ozone depleting substances, or they required Ozone depleting circumstances for their continuous operations.
(b) A declaration that the servants and/or agents of the respondents are in breach of the Orders No. 19 of 2007 and  Number 10 of 2010, made under the Trade Act, Chapter 91:01, in that they have failed and/or neglected to stop the importation of any equipment  containing Ozone depleting substances for their continuous operations.
The respondents have been given 3 weeks to file their affidavit in answer.
The matter has been adjourned to November 14.