Anand Sanasie, the owner of the Kingston buildings housing the Guyana Elections Commission (GECOM), has filed a lawsuit seeking to recover the just over $9 million which he says the Commission owes in rent and is refusing to pay.
Against this background, he wants the Court to order GECOM to pay up the full sum of $5,996,250 which he said is due on the Lot 9 Fort and Barrack streets, Kingston property; and $3,228,750 owed on Lot 31—together totalling $9,225,000.
In the circumstances, and pursuant to an agreement he said was entered into earlier this year, Sanasie is further asking the Court to direct the Commission to pay the monthly rental of $1,998,750 for the Lot 9 property; and the $1,076,250 monthly for Lot 31, until such time as both tenancies are lawfully terminated.
He is also asking for costs and any further order the Court deems just to grant.
Sanasie deposes in an affidavit supporting his fixed-date application (FDA) filed on September 16th, that GECOM has been renting his properties for the past 10 years.
He said that in November of last year, he and GECOM signed separate agreements for the two lots, noting that the duration of both tenancies was for January to December of last year.
Sanasie said a term of the agreement was that the Com-mission would pay rent for Lot 9 in the sum of $1,332,500 per month; and $717,500 per month for Lot 31.
He said that following the expiration of both agreements on December 31st of last year, the tenancies were renewed on the same terms, save and except that there was an agreed 50% increase in rent for both properties effective from January of this year, to run for three years.
Sanasie said that there was also a variation of the notice period provided for in the agreement increasing the period to six months in respect to both properties.
He said that the variations of the terms of the agreements were approved by a statutory meeting of the Commission held on January 18th of this year “and is evidenced by an agreement executed” between him and the Commission’s Chief Executive Officer (CEO) two weeks later, on February 4th.
The landlord said that the rate of rent required from his tenant effective from January 1st, 2022 in respect of Lot 9 was increased from $1,332,500 to $1,998,750 per month—a $666,250 rise; and in relation to Lot 13, an increase from $717,500 to $1,076,250—a $358,750 rise.
Sanasie makes it clear that the agreements of February 4th, 2022 are still valid and subsisting, but says that his tenant since January of this year, has failed to pay the agreed increases and instead continues to pay rent at the old rates.
Sanasie said that despite his numerous efforts, the Commis-sion “has refused failed and/or neglected” to pay the sums due, and is seeking the Court’s intervention.
Through his attorney Ron Motilall, Sanasie has expressed the belief that GECOM has no “genuine defence” to his claim, thus entitling him to judgment with interest and costs.
