THE National Industrial and Commercial Investments Limited (NICIL) on Wednesday submitted documents to the Commission of Inquiry (CoI) into City Hall showing that it was vested ownership of the disputed Lot 1 Mudflat, Lombard Street property, popularly known as the Sussex Street wharf, by the property’s transported owner, the Guyana National Engineering Corporation Limited (GNEC), since 2002.

Ownership of the land has been in question for some weeks now, ever since it was revealed that the land was being leased by the Mayor and City Council (MCC), to Quick Shipping Inc. However, shortly after beginning works on the land, Quick Shipping Inc was approached by both NICIL and the Guyana National Industrial Company (GNIC), who claimed rights to the land.

Proprietor of Quick Shipping Inc., Paul Sandy, testified earlier this month that he has already paid over some $1,875,000 to the MCC for the years 2016, 2017 and 2018, on a lease entered into with Town Clerk Royston King. Sandy also informed that he invested millions to upgrade the land.

In-house attorney for NICIL, Arianne McLean, yesterday appeared before the CoI at the Critchlow Labour College to explain that the land is transported to GNEC via Land Transport #525 of 1985, a copy of which she submitted.

GNEC acquired the property in 1985, after purchasing it from the Guyana Marketing Corporation. Further evidence showed that NICIL subsequently acquired the property when GNEC was dissolved, and all of its assets and liabilities were handed over to NICIL via a vesting order dated 30 May 2002.

“All the assets of the corporation [GNEC], whether movable or immovable (including rights claims and interests) vested in the corporation immediately before the appointed day shall as from the appointed day stand transferred to and vested in NICIL,” the vesting order stated.

The vesting order detailed all of the properties being transferred to NICIL, with the Lot 1 Mudflat Lombard Street land being the first asset listed on the vesting order.

“The transport was not in the name of NICIL, [but] NICIL is the lawful owner of the property by virtue of the vesting order #13 of 2002, which dissolved GNEC and vested all of its assets to NICIL. Those assets include the property in question,” McLean asserted.
In the case of GNIC’s claim to the land, McLean explained that at one point GNIC was a tenant of the land via a lease agreement with GNEC; however that agreement expired in 2010.

At the time of vesting the GNEC was in a 15-year lease with the GNIC, which began in October 1995, for use of the land. An amended supplemental lease was entered into between the parties in January 2002; however, this did not extend the lease.
Hence, McLean maintained, NICIL is the only entity with legal rights to the land.
On the question of how the M&CC could have ever thought they had enough rights to lease the property, McLean said she had no idea.

“They were claiming to be the owner of the property, the M&CC, I don’t know [why], you have to ask them,” McClean conveyed.

As to what will now become of the situation with Quick Shipping Inc., McLean said she would have to consult with her superiors for them to decide on a way forward. Sandy had approached NICIL about the possibility of signing a lease with them, given that he had already invested so much to develop the land.