TKR duo bowled out of court over bar rent

Trinbago Knight Riders cricketers Sunil Narine and Terrance Hinds suffered defeat in the Appeal Court on Monday.

The two will have to reinstate their appeal of a judge’s refusal to grant them an injunction in their legal dispute with their landlord over the rental of a bar in Oropune Gardens, Piarco, if they are interested.

On Monday, two Appeal Court judges dismissed their procedural appeal because they had not adhered to court deadlines.

The two wanted to appeal Justice Ricky Rahim’s dismissal of their injunction application in June on a decision that Narine and Hinds pay an agreed rent for the premises.

When the appeal came up for hearing on Monday, neither cricketer was ready to proceed, although their opponent’s attorney was ready for battle.

As a result, Justices of Appeal Allan Mendonca and James Aboud dismissed the duo’s procedural appeal, ordering them to pay costs.

Their lawyer in the matter before Rahim, Robert Boodoosingh, said two months ago, the cricketers applied to change their attorneys. They also missed the extended deadline for the filing of submissions at the end of August.

Boodoosingh pleaded with the judges to adjourn the appeal and not dismiss it, since the two were currently occupied with the Caribbean Premier League T20 tournament.

However, the judges were not moved. Mendonca said they had had time to brief new attorneys, since the tournament started a short while ago, and the two were currently playing games in Trinidad.

"While I appreciate they are on the playing field – with mixed results – they have a matter which required their attention. The rules (of court) are clear." Mendonca said.

He pointed out Narine played in Tarouba on Sunday night.

"If they are interested at all they would apply to have it reinstated," Mendonca said.

The two went to court after their landlord, Dave Kangal, locked down the OG Members Club and hired a bailiff to levy on the bar when they did not pay their rent for a year during the covid19 pandemic, when bars were ordered shut.

The cricketers rushed to court for the injunction after Kangal filed a claim for payment of the outstanding rent.

They then filed their own lawsuit and in documents filed in court, Kangal’s lawyer Richard Jaggesar alleged the cricketers promised to withdraw their claim if the landlord accepted less rent.

They went after the injunction to compel Kangal to remove the chain and lock on the doors and prevent him from levying, harassing or interfering with them.

They also sought an order to be allowed to cut and break the locks on the doors.

In opposing the injunction, Kangal maintained he was owed arrears of some $235,500 and had received threats from the cricketers and persons acting for them.

He denied entering a supplemental agreement with the duo to vary the terms of their tenancy.

Kangal also pleaded that the two admitted to breaking the terms of the tenancy agreement and to owing substantial sums. He also pleaded that when the tenancy agreement was signed, the restrictions on bars and the effects of the pandemic lockdown were well-known so rent was staggered and the two had exclusive uninterrupted possession of the bar since July 2020.

He argued Narine and Hinds chose to pay the amount they saw fit, in breach of their agreement.

After their injunction application was dismissed, the two filed a procedural appeal to challenge Rahim’s decision.

Kangal has filed an application for default judgment, which is still before Rahim.