PROMINENT businessman Anand Sanasie has approached the High Court to recover $9.2 million that he claims the Guyana Elections Commission (GECOM) owes him for the rental of two of his buildings.

In his fixed-date application (FDA) Sanasie is seeking an order for the payment of $5,996,250 in owed rent for the Lot 9 Fort and Barrack Streets, Kingston, Georgetown building.

Sanasie is also seeking an order for payment in the sum of $3,228,750 for rent due for the occupation of his Lot 31 Fort and Barrack Streets building.

Additionally, the businessman is asking the court to grant an order directing GECOM to pay the monthly rental in the sum of $1,998,750 in respect of the Lot 9 property, until the tenancy agreement is lawfully terminated.

In his application filed by C.V. Satram, Sanasie said that GECOM has been occupying the buildings for more than 10 years.

However, on or about November 23, 2021, both parties entered into separate written Agreements of Tenancy for the rental of both properties for a one-year period.

With respect to Lot 9, it was agreed that GECOM would pay rent to Sanasie in the sum of $1,332,500 per month and $717,500 monthly for Lot 31.

After that agreement ended on December 31, 2021, the tenancies continued upon the same terms after the expiration of the agreements, save and except that there was an agreed upon 50 per cent increase in rent in respect of both properties, effective from January 2022 for the period of three years.

“There was also a variation of the notice period provided for in the Tenancy Agreements, increasing the notice period to 6 months in respect of both tenancies. The variations of the terms of the said Tenancy Agreements were approved by a statutory meeting of the Commission held on the 18th day of January, 2022 and is evidenced by an Agreement executed between the Chief Elections Officer and I on the 4th day of February, 2022,” Sanasie said in his legal documents.

The rate of rent effective from January 1, 2022, for the Lot 9 property was increased to $1,998,750 per month, while Lot 31 was increased to $1,076,250 per month.

The businessman is contending that the agreement in respect to both properties is still valid and subsisting. He is also arguing that GECOM failed to pay the rentals as agreed, despite him making numerous oral and written demands for payment.

Despite this, Sanasie said he accepted payment for the period January to June 2022 at the old rate.

“The Respondent and I reached a settlement whereby they agreed to pay the new rent from January 2022 for the duration of the tenancy. Since January 2022 [the commission] continued to pay rent at the old rate of rent and has not to date paid the increase provided for in the Agreement of 4th February, 2022. To date, the Respondent has failed to pay rent at the increased rate to me under the said Agreement and is presently indebted to me….” he said.

Against this backdrop, Sanasie said that GECOM does not have a genuine defence to his claim and that he is entitled to judgment in the circumstances, along with interest and costs.