High Court Judge, Justice Gino Persaud has granted judgment against Trinidadian Company, Davis Ecolife Ltd in an application brought by the National Data Management Authority (NDMA) through the Attorney General’s Chambers.
NDMA is a body corporate established under the National Data Management Authority Act Cap. 27:13, Laws of Guyana and is responsible for data processing and information systems in the Public Sector. Davis Ecolife Ltd is a company Incorporated under the Companies Act 1995 of Trinidad and Tobago. By way of a letter dated November 7, 2018, the company held itself out to be the sole distributor and creator of the Eco Pod building system, a system that combines energy-efficient building systems with solar technology to offer one complete product.
On November 30, 2018, the National Procurement Tender Administration granted its approval for the contract provision of two Eco Pods for NDMA to be awarded to Davis Ecolife Ltd. for the tendered/corrected sum of US$66,941.
On December 4, 2018, NDMA executed a written agreement with Davis Ecolife Ltd at an agreed price of US$66,941. On January 22, 2019, a deposit of US$28,449 equivalent to GYD$ 6,159,325, was paid to Davis Ecolife Ltd. by way of a wire transfer.
The said Agreement had a completion date of January 25, 2019, however, Davis Ecolife Ltd. failed to execute the contract in accordance with that stipulation.
On January 31, 2023, NDMA through the Attorney General’s Chambers filed an Amended Fixed Date Application seeking a number of reliefs.
The Trinidadian Company failed to file an Affidavit in Defence to the Application and failed to attend court on two occasions. The Court, therefore, granted judgment in the sum of GYD$ 6,159,325 and costs in the sum of $500,000 in favour of NDMA.
NDMA was represented by Mohabir Anil Nandlall SC MP, Attorney General and Minister of Legal Affairs, and Teakaram Singh, State Counsel. Davis Eco Life Ltd was initially represented by Attorney-at-law, Javed Shadick and thereafter by Marissa Nadir, Attorney-at-law. Both lawyers withdrew their appearances in the matter.
