As it had previously indicated, the Berbice Bridge Company (BBCI) has appealed the ruling of Chief Justice (ag), Roxane George-Wiltshire SC, with regard to the takeover by Government of the operations of the Berbice River Bridge.
In its notice of appeal urging the Court of Appeal to reverse or set aside the entire ruling with which it says it is disappointed, the BBCI is contending that the Chief Justice made a number of errors.
Among other things, the appellant is arguing that the judge erred in allowing government, instead of the BBCI to maintain and operate the bridge and declaring that tolls not be increased as the company had wanted.
According to the bridge company, the judge erred in declaring that Minister of Public Infra-structure David Patterson had the power under the Berbice Bridge Company Act to approve or reject an increase in toll.
The BBCI is of the view that this move by the Minister goes beyond the scope of his powers and is therefore “unconstitutional, null, void and of no effect.”
The appellant argues through its attorney Ralph Ramkarran SC, that the government’s takeover is tantamount to a compulsory acquisition of its interest in, or right over the bridge which belongs to them, more so in the absence of adequate compensation.
The bridge company further complained of the judge erring in her finding that tolls cannot be increased without the approval of the minister and that the increase in toll announced by it breached section 4(2) of the concession agreement.
The appellants said that the Patterson’s decision was unreasonable and that the judge further erred in finding that there was no evidence to support its contention that the Minister compulsorily took possession of the bridge.
The BBCI is hoping that the appellate court will reverse or set aside the ruling with costs awarded to it.
Last December, Justice George-Wiltshire dismissed the bridge company’s application to quash a Toll Order by Minister Patterson which prevented it from implementing planned increases.
The Chief Justice, in dismissing the application, also ruled that Patterson’s action did not amount to a takeover of the bridge, as was claimed by the company in its application.
In 2018, the company announced plans to implement massive toll increases which were to take effect from November 12th, 2018.
Patterson, however, referred to the planned increases as unconscionable, and caused to be issued a Toll Order by which he froze the toll fares of the BBCI. BBCI, as a result, filed an application in 2018 claiming that Patterson is not required by law to approve toll increases, had no lawful authority to prevent the company from moving ahead with its planned increases, and asked for his action to be quashed.
