CORPORATE Secretary, Percival Boyce, Jr., of Torginol Paints, Guyana, Inc. on Thursday made an ex parte application for an interim injunction to prohibit lorries laden with sand to park on land owned by the plaintiff’s company, and is also seeking in excess of $10M as damages.

The plaintiff is alleging that the sand from the lorries is contaminating the plaintiff’s manufacturing process of paint and paint products. And the ex parte application which is accompanied by a writ of summons is returnable for August 28 when the defendant, Minister of Works, will most likely be granted leave to file an affidavit in answer.

Corporate Secretary Boyce is also seeking a sum in excess of $10M as damages and consequential loss sustained by the plaintiff, resulting from the negligence and nuisance caused since the month of July, 2014, and continuing.

The plaintiff is alleging that the second defendant by unlawfully permitting lorry drivers to park their lorries with sand for sale, on land owned and occupied by the plaintiff on the western side of the Mandela Avenue Roadway, East Bank Demerara and east of the plaintiff’s manufacturing plant, is resulting in sand from the lorries contaminating the plaintiff’s manufacturing process of paint and paint products;
That the plaintiff has been in occupation and possession of Plot 9 Industrial Site, Ruimveldt as a leasee for over 54 years; That the proprietors of Lot 8 of the Ruimveldt Industrial Site occupies similar land adjacent to the said plot, Plot 8 within the northern and southern boundaries of the said plot, but the lorries have not been mandated by the second defendant to park and vend sand on the portion of land immediately east of Plot 8. Continuing his affidavit in support of his ex parte application for interim injunction, Corporate Secretary Boyce added that since the said lorries commenced parking on the plaintiff’s said land, the plaintiff has discovered particles of sand in its freshly produced paint products.
The ex parte application and writ of summons have been issued by Senior Counsel Mr. Rex Mc Kay, Mr. Edward A. Luckhoo, S.C., Mr. Neil A. Boston and Mrs. Bettina Glasford.
The matter is returnable before Justice Sandra Kurtzious on August 28, 2014.
Written By George Barclay