Last Updated on Sunday, 20 April 2025, 20:02 by Writer
The United Kingdom-registered NH International and the Trinidad-registered Emile Elias and Company Limited have asked the High Court to fine or imprison the Minister of Finance Dr Ashni Singh for flouting court orders that they be paid all monies owed about a 1998 project for the rehabilitation of the Georgetown to Timehri road.
Dr Singh did not immediately offer a response when contacted by Demerara Waves Online News on Sunday.
NH International and Emile Elias and Company Limited are asking that Dr Singh be “committed to prison and/or fined for his criminal contempt of court and interference with the administration of justice of the court by deliberately subverting the order” of Chief Justice Roxane George-Wiltshire dated April 10, 2019 and modified on October 7, 2024.
The joint venture is asking that the finance minister obey Section 14 of the State Liability and Proceedings Act and “direct” that US$11,312,258.47 with interest at the rate of 4% per annum from February 19, 2007 until fully paid and GYD$416,224, 336.70 with interest at 4% per annum from February 19, 2007 until fully paid awarded to the Applicants by the Adjudication Award of David R. Haigh QC on August 15, 2003 as amended on August 25, 2003 together with costs of GY$3 million awarded to the co-venturers by the Chief Justice on April 10, 2019.
The court papers say the actual amount owed up to April 4, 2025, the date of the affidavit is US$8,112,718.41 commencing from November 22, 2024 including at 4% interest.
The affidavit by Mr Elias states that the joint venture received all of the Guyana dollar debt of GYD$709,265,013.71 together with U$$104,461.00 in costs for the arbitration award of GY$3 million in a mandamus proceedings.
In court papers filed through their local Attorney-at-Law, Stephen Fraser, the joint venture acknowledged that some of the money had already been paid as a result of an allocation in a supplementary financial paper in 2024.
The legal battle dates back to April 16, 1998 when NH International and Emile Elias & Company Limited issued a demand notice for GY$517,204,170 which was certified as “due and payable” under the contract by the engineer appointed by the Guyana government.
The co-venturers and the Guyana government had agreed in January 1995 to rehabilitate the Georgetown-Timehri road for an initial price of GY$673,015,420.78.
The High Court documents, in detailing the history of the dispute, said after the Guyana government failed to pay the GY$517.2 million, the dispute was referred to the International Centre for the Settlement of Investment Disputes (ICSID) on September 28, 2001.
The ICSID in August 2003 said the companies were entitled to payment with interest. The total sum awarded was US$3,011,969.14 together with GYD$849,529.76 along with costs amounting to US$104,461.00.
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