Judge rules in property dispute between lawyer and businessman

A High Court judge has ruled in favour of a San Fernando property owner, president of the Assembly of Southern Lawyers, in a legal dispute with her neighbour.

On November 22, after a two-day trial, Justice Frank Seepersad ruled in favour of Stressless International Ltd, whose principal director is ASL president Saira Lakhan, against businessman Shankar Mahabirsingh.

The case centered on allegations of encroachment and illegal construction at Lakhan’s property at 53 Lewis Street, which houses her Magnus Law Chambers.

Seepersad found that Lakhan successfully proved adverse possession through continuous and undisturbed occupation, extinguishing any claims Mahabirsingh may have had.

The two properties, which share a wall, became the subject of contention when Lakhan observed unauthorised construction and damage to her property.

In May, Seepersad had granted an interim injunction, halting Mahabirsingh’s construction until the trial could determine the issue of adverse possession, trespass and nuisance.

In deciding the case, Seepersad said in his “fact-finding exercise” Lakhan and her witnesses exuded “ “truth and complete candour.”

In contrast, the judge criticised Mahabirsingh’s testimony and that of his witness, describing them as “crafted to circumvent the truth.” He deemed the witness neither honest nor independent.

Lakhan’s lawsuit accused Mahabirsingh of attaching illegal wastewater fixtures to their shared wall, damaging portions of the structure, and painting parts of it red—all without permission.

He found Mahabirsingh trespassed onto Lakhan’s property, “effected a nuisance,” and engaged in “almost bully-like and brutish” actions while she tried to engage in amicable discussions to arrive at a resolution.

“It is evident to this court that Mr Mahabirsingh recklessly disregarded Ms Lakhan’s position and unilaterally decided that he was going to do what he needed to do so was to advance his business interests.

“That type of behaviour will not be tolerated by this court…

“Mr Mahabairsingh had absolutely no right to interfere with the claimant's property and the claimant is entitled to take strong objection to the piping which was installed on the claimant's side of the said wall.”

In addition to awarding Lakhan a total of $25,000 in damages, Seepersad also granted a permanent injunction against Mahabirsingh. He also ordered Mahabirsingh to redirect and remove the offending plumbing fixtures within 14 days. He also has to repair damage to the wall and have it reinstated to its original condition before his “unauthorised and unacceptable interference.”

The court also ordered Mahabirsingh to pay $40,000 in legal costs.

Attorneys Michael Rooplal, Prakash Ramadhar, Prem Persad Maharaj, Kristian Stacy Dass represented Lakhan’s company. Attorneys Richard Jagai and Varun Debideen represented Mahabirsingh.