HIGH Court Judge, Gino Persaud, has ordered Trinidadian company, Davis Ecolife Limited to repay the $6,159, 325 deposit it received from the National Data Management Authority (NDMA) in 2019 for the supply of two prefabricated enclosures to house ICT hubs.

According to a release from the Attorney-General’s Chambers, Justice Persaud, on February 2, 2023, granted judgement against the company in an application brought by the NDMA through the Chambers.

NDMA is a body corporate established under the National Data Management Authority Act Cap. 27:13, Laws of Guyana and is responsible for data processing and information systems in the public sector.

Davis Ecolife Ltd, is the sole distributor and creators of the Eco Pod building system which combines energy-efficient building systems with solar technology to offer one complete product.

The AG’s Chambers explained that, on November 30, 2018, the National Procurement Tender Administration granted its approval for the contract provision of two Eco Pods for NDMA to be awarded to Davis Ecolife Ltd. for the tendered/corrected sum of US$66,941.

On December 4, 2018, NDMA executed a written agreement with Davis Ecolife Ltd at an agreed price of US$66,941 for the supply of two prefabricated enclosures (Eco Pods) to house ICT hubs to be installed at two sites identified by NDMA.

A deposit of US$28,449.54 which is equivalent to GYD$6,159,325 was paid to Davis Ecolife Ltd. by way of wire transfer.

According to the AG’s Chambers, the said agreement had a completion date of January 25, 2019. However, Davis Ecolife Ltd. failed and/or neglected to perform the contract in accordance with the agreed date.

This resulted in a Fixed Date Application being filed which sought several reliefs including a declaration that the Trinidadian company breached the contract and damages in excess of $100,000 for same.

Additionally, the state was seeking restitution of the money from the company, constituting an advance payment made by the claimant for which there was no work done.

“The Trinidadian Company failed to file an Affidavit in Defence to the Application and failed to attend court on two occasions. The court, therefore, granted judgement in the sum of $6,159,325.00 and costs in the sum of $500,000 in favour of NDMA” the statement said.

NDMA was represented by Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., and Teakaram Singh, State Counsel. Davis Eco Life Ltd was initially represented by attorney-at-law, Javed Shadick and thereafter by Marissa Nadir. Both attorneys withdrew their appearances in the matter.