Appeal Court reinstates lawsuit against AG over excavator

THE Court of Appeal has reinstated a company’s claim for compensation from the State for an excavator it leased to a contractor that was seized by the police on allegations of illegal quarrying.

Rivulet Investment Group (RIG) appealed a judge’s decision to strike out its claim against the State.

The RIG sued both the Abaco Company Ltd, the company to which it leased the excavator, its principal Husayn Al-Fayed , and the Attorney General.

In his ruling in July, Justice Robin Mohammed ruled that the claim against the AG was an abuse of process and disclosed no grounds for sustaining the claim. He also agreed that RIG could go before the magistrate hearing the illegal quarrying case, prove it was the owner and did not remove material from State lands so the excavator could be returned.

Mohammed said since the excavator was in the court’s possession, he did not have the jurisdiction to order the magistrates’ court to return the excavator to RIG.

In its decision, Chief Justice Ivor Archie and Justice of Appeal Charmaine Pemberton ordered that Mohammed’s order be set aside and the matter be reinstated against the Attorney General.

The company had leased the excavator in May 2019, however after the contractor was delinquent in making the rental payments, RIG attempted to retrieve the machinery but was told it was taken by police.

Archie and Pemberton allowed an application by the State to extend the time for it to file its written submissions and agreed with RIG’s attorneys that the High Court could address a matter which is also before the magistrates’ court, holding that criminal and civil proceedings can occur concurrently within in TT’s jurisdiction.

The Court of Appeal reinstated the claim against the State and stayed the proceedings before Mohammed pending the outcome of the complaint being heard at the Arima Magistrates’ Court.

Representing RIG were Farai Hove Masaisai and Jennifer Farah-Tull.