Chief Justice, Roxanne George on Friday in a highly anticipated judgment, dismissed a petition for prescriptive title filed by a company owned by Sattaur Gafoor, Guyana Realty Investment Limited (GRIL) which claimed ownership of a prime commercial property on Regent Street, ruling in favour of opposer, Eddie Boyer and his wife Donna Boyer.
Eddie and Donna Boyer were represented by Rajendra Poonai S.C. and Devindra Kissoon of the commercial firm London House Chambers while Gafoor was represented by Rex McKay S.C, Edward Luckhoo S.C. and Neil Boston S.C.
In 2009 GRIL filed an action against Anthony Collymore claiming ownership of 117 B Regent and Alexander Streets, a valuable corner property in the heart of Georgetown. Gafoor claimed that GRIL purchased the property, which was owned by Anthony Collymore’s father, Stanley, from one Bhaidwatie Bissoon and operated a paint shop on the property for more than 12 years.
However, Edward and Donna Boyer opposed the claim for a prescriptive title, claiming that they obtained transport for the property from Anthony Collymore and were currently in occupation and control of the company.
In trial which spanned an epic 31 court appearances, the Chief Justice found that neither Gafoor nor the witnesses who supported his case had personal knowledge of the facts in dispute and ultimately ruled that the “evidence for GRIL does not establish actual possession and an intention to possess the whole property for the requisite period.”
