Gold miner Royston Stuart has filed a $50 million lawsuit against the government as he claims that it is allowing the Mahdia Magistrate’s Court to be built on land licensed to him and where he has been prospecting for two decades.
In his action against the Registrar of the Supreme Court, the Attorney General and Pierre and Maria Walcott of M&P Investments—by whom the court building is being constructed – Stuart is seeking damages in excess of $50,000,000 for trespass.
He also wants an injunction restraining the Walcotts and the Registrar and their servants and/or agents from building or continuing to erect any building or from entering upon or remaining or occupying or in any manner whatsoever interfering with his quiet, peaceful use and enjoyment of his land.
Additionally, he is hoping to be awarded any further orders a judge may deem just to grant, along with interests and court costs.
Stuart deposes in his statement of claim that he has been the holder of a claim licence issued in accordance with the Mining Act 1989 and Mining Regulations by the Guyana Geology and Mines Commission (GGMC), for the land located at Unity and Gloria Creeks in Mining District No.2.
Stuart said during December, he observed M&P Investments carrying out foundational and other works in relation to what appeared to be a building on a part of the western portion of his claim.
Upon enquiring, he said he subsequently learnt that the Walcotts were awarded a contract to construct the Mahdia Magistrate’s Court.
As a result, he said he immediately lodged a complaint with the GGMC, as a consequence of which mines officers of the Commission instructed the contractors to cease all construction works, explaining to them that the building was being erected on his land.
The claimant said that notwithstanding theses directives, however, construction works continued, which led him on January 17th to lodge a written complaint with then Ministers Raphael Trotman and Simona Broomes, who held ministerial responsibility for gold mining.
These efforts, he noted, were, however, also futile as “the unlawful construction continued unabated.”
Stuart said that following this, his lawyer, Anil Nandlall, wrote a letter explaining the situation to the Registrar of the Supreme Court, which he copied to both Trotman and Broomes, as well as the Chancellor and Chief Justice,.
The claimant said that while the Registrar in a missive dated April 3rd, acknowledged receipt of his lawyer’s letter of March 22nd and promised to respond, there has been no response, while construction on his mining claim continues with “impunity.”
He said that given his claim’s richness in gold, which is evident from geological and empirical data and all exploratory surveys done, he stands to suffer irreparable harm, damage and economic loss unless construction is restrained.
M&P Investments is located at Lot 1165, Block 1 Eccles, East Bank Demerara.
