Surrey Paving and Aggregate Company Limited and BK International Inc have moved to the court for an administrative order against Finance Minister Dr Ashni Singh over US$4.3m plus interest which has not been paid to them by the state following a court judgment on July 21st, 2023.
The outstanding judgment plus interest has been the subject of a series of correspondence between the attorney for the two companies, K Juman-Yassin SC and a number of government officials without resolution.
According to documents seen by Stabroek News, on July 22, 2024, Juman-Yassin served notice of a claim for an administrative order directed against Singh to show cause why a Writ or Order of Mandamus should not be issued to Singh compelling him to perform his duty pursuant to Section 14 of the State Liability and Proceedings Act and by warrant direct that the monies be paid.
The judgment handed down by Justice Gino Persaud on July 21st, 2023 had ordered that the sum be paid to Jamaica-based Surrey Paving and BK Inc together with interest at the rate of 6% from 7th December, 2022 to 30th May, 2023 and thereafter at the rate of 4% per annum until fully paid and costs in the sum of $150,000.
The sum to be paid was based on an account agreed on June 6th, 2020 pertaining to the West Coast Demerara Road Improvement Project.
Not even a June 4, 2024 letter to Singh by the Registrar of the Supreme Court, Sueanna Lovell produced results. Lovell wrote to Singh drawing his attention to the judgment of Justice Persaud and noting that the attorney for Surrey Paving and BK Inc had written indicating that the judgment had not been paid and neither was a stay of execution sought or obtained.
She said that pursuant to Section 14 of the State Liability and Proceedings Act it was incumbent upon her to transmit a copy of the judgment to him “so that you shall by warrant under your hand direct that judgment awarded be made payable to the Applicants….”
On March 11th this year, Juman-Yassin wrote Permanent Secretary of the Ministry of Public Works, Vladim Persaud noting that he had previously written letters to him on February 19th, 2024 and March 4th, 2024 without the courtesy of a reply.
On April 19th, 2024, Juman-Yassin wrote to Attorney General Anil Nandlall SC on the fact that the judgment had not been paid and seeking an urgent response. On May 31st, 2024, Juman-Yassin wrote again to Nandlall noting that there had still been no response and expressing concern over the situation.
“The action by the Government of Guyana in not paying this judgement is unjustified and it seems that there is no regard for the rights of others who have done work legitimately for the Government. I would be grateful to you for a response by Monday the 3rd June, 2024 as to whether the payment is to be made and if so when. If I do not receive a response, I would have no other alternative, this time, to take such other action”, Juman-Yassin wrote.
