On Wednesday, High Court Judge Navindra Singh granted an application filed by Banks DIH Limited for the removal of vendors from outside its Demico House, Stabroek Market Square location – the company having cited fruitless approaches to both the police and the city for remedies.
In granting the orders sought, Justice Singh has directed both the Town Clerk and Engineer of the City—against whom the action was filed—to ensure the removal of the vendors and their stalls.
In its fixed date application (FDA), Banks DIH (the Applicant) pointed out that for many years persons have been vending on its north to west pavements—opposite the Stabroek Market—and the southwestern pavement opposite Parliament Building.
Banks DIH pointed out that vending outside this outlet obstructs its customers from acessing the premises with ease.
The presence of vending there also, the Applicant copmplained, has resulted in its pavement and environs being in a constant state of litter; while the use of its washroom facilities are “continuously abused.”
The Applicant says that the vending has caused a significant decrease in customers and resulting “severe financial loss” to the company.
Against this background, it noted the several appeals made over the years to both the vendors and the Mayor and City Council of Georgetown to intervene to cease vending on the walls of its premises and from obstructing and encumbering the pavements.
Banks DIH said that inspite of writing to the top brass of the Guyana Police Force, the Chief Constable and the Town Clerk to adress the issue, nothing had ever been done and the issue continued unabated.
The Applicant said that follow-up letters were again penned by its attorney as recent as December of last year, to the Town Clerk, the Mayor and the Chief Constable; but a response only came in January from the Town Clerk who asked for “leniency and time.”
An extract from the Town Clerk’s letter which the Applicant exhibited in its FDA read “subsequent to a site visit held on December 14, 2023, the Council is requesting leniency from Banks DIH until January 31, 2024 to allow Council to engage the vendors, restructure the vending systems and clear the ingress and egress of your business.”
Banks DIH said that it responded through its attorney by letter dated January 22nd, stating that it had no objection to the period ending 31st January, 2024 while urging the Town Clerk to come to a peaceful resolution of the issue.
The Applicant pointed out, however, that, that [date] had elapsed and the vending continued unabated, thus forcing it to approach the court.
On November 3rd last year, Muneshwers Limited secured an order from the High Court requiring the city to remove all encumbrances from the pavement and streets surrounding its Lots 9 and 10 Water, Commerce and Longden streets premises.
In judicial review proceedings before the Chief Justice (ag) Roxane George, the court ordered that a mandamus be directed to the City Engineer to carry out the duty stated in by-law 10(2) for the enforcement of by-law 10 (1) enacted under the Municipal and District Councils Act in relation to the removal of anything left, placed or stored such as to encumber the pavement or pavements and streets around the property. Failure to comply will constitute contempt of court.
The order secured by Muneshwers has since been complied with.
