AN order from the Guyana Forestry Commission suspending the Timber Sales Agreement of Willems Timber & Trading Company Limited forced that company to apply to the Court for Orders of Certiorari and Mandamus to have the unlawful decision set aside.
A Nisi Order entered on September 25, 2014 by Acting Chief Justice Mr. Ian Chang, after reading the Notice of Motion from the applicants, was made absolute Friday.
The applicants – Willems Timber and Trading Company Limited (WTTCL) and Guyana Lumber and Timber Company Limited (GLTCL) — have consequently been successful in their application filed on September 18, 2014 with sworn affidavit in support from Companies Director, Mr. Cecil Persaud.
Upon hearing arguments from the applicant’s attorney, the Chief Justice ordered that an Order or Rule Nisi of Certiorari be directed to the Guyana Forestry Commission (GFC) to show cause why its decision, made and contained in a letter to the applicant, WTTCL, dated September 11, 2014, to suspend the applicant’s Timber Sales Agreement (TSA) No. 10/85 and TSA No. 1/91 should not be brought up to this Honourable Court and quashed on the ground that the said decision of the Guyana Forestry Commission is unlawful, unreasonable, arbitrary, capricious, irrational, procedurally improper, unconstitutional, ultra vires, null, void and of no legal effect, unless sufficient cause is shown why the said Order or Rule Nisi should not be made absolute.
When the matter was called Friday, the Chief Justice declared that the matter was made absolute.
Mr. Rex Mc Kay, SC., and Attorney-at-law Mr. Neil Boston represented the applicants.
By George Barclay