Trinidadian company, which failed to deliver on NDMA contract, to repay $6.1M

Trinidadian company, Davis Ecolife Limited, has to repay $6.1 million to Guyana’s National Data Management Authority (NDMA) following a judgment handed down by High Court Judge, Gino Persaud.

In 2018, NDMA contracted the company to provide two prefabricated enclosures (otherwise called Eco Pods) to house Information and Communication Technology (ICT) hubs.

The agreed price for the pods was US$66,941, according to a release from the Attorney General’s chambers. In January 2019, a deposit of US$28,449 (or GY$6.15 million) was paid to the company by wire transfer.

The agreement between Ecolife and the NDMA had a completion date of 25th January 2019. It was, however, noted that the company failed and/or neglected to perform the contract in accordance with the agreed completion date.

Because of this, the Attorney General’s office requested the return of the deposit in December 2021. After the deposit was not returned, court proceedings against the company were initiated.

An amended Fixed Date Application was filed by the NDMA, through the Attorney General’s Chambers. A declaration that the respondent breached the contract, damages in excess of $100,000 and an order for restitution were among the reliefs sought.

It was, however, noted that the Trinidadian Company failed to file an affidavit in defence of the application and failed to attend court on two occasions.

Consequently, the Court, therefore, granted judgment in the sum of $6,159,325 and costs in the sum of $500,000 in favour of the NDMA.

The NDMA was represented by the Attorney General and Minister of Legal Affairs, Anil Nandlall, SC and State Counsel, Teakaram Singh.

Davis Eco Life Ltd was initially represented by attorney-at-law, Javed Shadick and thereafter by attorney Marissa Nadir. Both attorneys withdrew their appearances in the matter.