Justice James Bovell-Drakes has ordered businessman Gerry Gouveia to remove structures encroaching on the property of his neighbour, Pavnik Press proprietor Toral Kowlessar.
Kowlessar approached the High Court for injunctive relief against Gouveia, claiming for nuisance and trespass and seeking orders from the court directing Gouveia to demolish all the structures erected next to the fence along the western boundary of his property, in addition to removing a water pump installed next to the fence.
Upon reading Kowlessar’s ex-parte application to the court, filed through his attorney Vidyanand Persaud, Justice Bovell-Drakes ordered and directed that Gouveia pull down, demolish or remove the laundry room, the shower room, two toilets, the pool/storage shed, two awnings, the water tank and trestle, the water pump and three sheds erected and/or placed abutting and projecting beyond the western fence of his Lot 8 Eping Avenue, Bel Air Park property. He also ordered and directed that Gouveia remove four galvanized poles and electrical wires and fittings he installed at Kowlessar’s property. The case has been put down until January 25, when it is to be called at 9 am in chambers.
In his application, Kowlessar said that Gouveia has engaged and continued to engage in wanton, unlawful and unreasonable conduct with total disregard for his right to peaceful and quiet enjoyment of his property at Eping Avenue, Bel Air Park. Kowlessar also dwells on the property.
The City Engineer also got involved in the case and had called upon Gouveia to remove all unauthorized works on the western boundary of his neigbour’s property, but the correspondence was disregarded, according to Kowlessar.
Gouveia operates Roraima Residence Inn at his premises, which is also his residence, and over a period of time undertook some construction work which Kowlessar said has disrupted his business operations and resulted in grave discomfort to him, his family, customers and guests.
He said that Gouveia erected permanent structures at the western extremity of his property, virtually abutting the common fence separating the two properties. He added that the roofs of those structures protrude over his property and during rainfall water escapes resulting in flooding and damage to items stored.
Kowlessar said Gouveia constructed the roofs of the structures to slope downwards above his property with cosmetic guttering which is not equipped with retaining ends or down pipes. He also complained about a toilet which Gouveia installed next to the western fence. He said too that Gouveia sought his permission to temporarily install four tall poles on his property to connect an electricity supply for use during a special event at the hotel, but has since refused to remove the poles and wires. According to him, burglars gained entry to his premises subsequent to the poles being set up.
Further, he said complaints were made to Gouveia concerning the unlawful erections and the interference with his property rights. Gouveia initially acknowledged the complaints were justified and promised to remedy the problem, but he charged that nothing changed.
Kowlessar added that Gouveia subsequently commenced the erection of additional structures in close proximity to the western fence and was also elevating that fence to a height of nine feet.
