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High Court orders trucks removed from Industrial Site after sand found in paint

Oct 11, 2014 News

– as Torginol Paints move to court

The High Court of Guyana has granted an injunction barring the Ministry of Public Works from authorizing, permitting or causing trucks laden with sand or similar deleterious materials to park on the land occupied by Torginol Guyana Paints on Mandela Avenue.
Torginol Guyana Paints which has been in occupation and possession of plot 9 Industrial Site, Ruimveldt for over 54 years had moved to courts in August after a heavy amount of sand particles were found in freshly manufactured paints. The company in their endorsement of claim, said that for the past several years lorry drivers were parking on Lombard Street offering to the general public sand for sale.
However in the month of July 2014, the Minister of Works Robeson Benn, mandated that the said lorry drivers must remove from Lombard Street and park their lorries and offer their sand for sale on land immediately west of and contiguous of Torginol Paints.
After the lorries started parking on the land occupied by Torginol Paints, the company said that they found particles of sand in its freshly produced paint products.
In court documents, it was noted that lawyers for Torginol wrote to the Attorney General Anil Nandlall and copied same to Minister Robeson Benn complaining of contamination of its paint.
Further, as a result of the lorries parking on the land, Torginol said that they have lost revenue totaling $9,671,732. To date both Ministers have failed to make an appearance before the trial judge Justice Sandra Kurtzious.
The company is seeking in excess of $10,000,000 as damages and consequential loss sustained from the Ministry as a result of its negligence from July and also for allowing lorry drivers to park their sand filled trucks on land owned by the company which contaminated its products.
Torginol is also seeking a further $10,000,000 from the Works Minister Robeson Benn for trespassing, by unlawfully permitting, authorizing and causing lorry drivers to park their trucks loaded with sand and other similar deleterious materials.
Back in July, authorities had said that in an effort to reduce congestion in the city, they had barred trucks from the Lombard Street area.
Traffic Chief, Hugh Denhert had said that the barring of sand trucks and canters from parking on Lombard Street is part of a larger plan to ease traffic along the East Bank Demerara carriageway.
That highway is one of the most critical in the entire country, linking the city to West Demerara and by extension, the Essequibo Coast and Bartica, the Cheddi Jagan Airport and Linden.
Torginol Paints is being represented by Senior Counsel Rex Mckay, Attorneys-at-Law Edward Luckhoo, Neil Boston and Mrs. Bettina Glasford.

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