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High Court prohibits operation of school at Bel Air Park

Sep 05, 2015 News

A High  Court Order, has been granted prohibiting the Full Benefit Academy, from further operating the business of a school at  lot A” 70&78 Issano Place West, Bel Air Park, Georgetown.
Earlier this week, the school located in the residential area of Bel Air Park, was issued a cease and desist order and enforcement notice from the Georgetown Mayor and City Council (M&CC).
According to the notice, the use of the premises for a school or business premises is illegal and is prohibited by Section 34 of the Municipal and District Council Act.
The Act stipulates in pertinent parts that “no spirit shops, provision shops, manufacturers, bakeries or other such business premises, no theatre, dancing halls, school, assembly hall, tenement rooms, range stable or other building or buildings used for such a purpose as above is permitted within a residential district.”
Additionally, Mayor Hamilton Green has warned that the Mayor and City Council would commence proceedings against the Defendants if they continued the alleged unlawful activity.
On September 1, last Justice James Bovell-Drakes issued an order prohibiting Full Benefit Academy, Elisha Adams and Ahmad Sankar from operating or permitting to operate the business of a school, university, daycare center, play school, or any similar activity at the said property located.
The order prohibits the “Property  from  or renting, occupying, leasing, letting, subletting or licensing or otherwise allowing the occupancy of the Property for those purposes; from offering or conducting lessons, classes, music classes or practice sessions or any other education related activity whatsoever at the property, and  from conducting commercial activity or any other activity that violates the municipal by-laws of Georgetown, commercial or otherwise or any activity that causes a nuisance to the plaintiff at the property or renting, leasing, letting, subletting or licensing or otherwise allowing the occupancy of the property for those purposes.
The case was brought by Devindra Kissoon, an attorney and resident of Bel Air Park. He is represented by senior attorney Rajendra Poonai.
In his affidavit, Mr. Kissoon stated that he returned from vacation to find a school in a cul-de-sac in Bel Air Park which allegedly opened on August 31, 2015.
He immediately obtained an interim injunction to stop the operation of the school.
In his endorsement of claim, he sought a declaration by the court, that the operation of the school is illegal.
He also sought a permanent injunction restraining the defendants of Full Benefits Academy, their respective employees, affiliates, servants, agents, parents, subsidiaries, partners, members shareholders, officers, directors,  representatives, trustees,  heirs, executors, administrators predecessors,  successors, alter egos, related persons, entities or companies or assigns acting collectively or individually and each and everyone of them  directly or indirectly  from operating or permitting the operator of a school or business at the said location.
Kissoon is also seeking a mandatory injunction directing the defendants to remove all school and commercial furniture from the property.  He is claiming special damages to the tune of $20 million and $100,000 worth in general damages.
Mr. Kissoon has since expressed his gratitude to the Mayor for “his prompt response and willingness to act in an effort to restore our city.”

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