Monday, May 24, 2004

Gya: Rum wars

Demerara Distillers Ltd. (DDL) has applied for a writ of certiorari and prohibition to prevent the Guyana Sugar Corporation Ltd. (GUYSUCO) from implementing its decision to include a Trinidad and Tobago company (Angostura) in its extension molasses programme.

DDL has been granted an order nisi by Justice Dawn Gregory Barnes.

GUYSUCO in its affidavit in answer, is asking the Court to discharge that nisi order, and to dismiss the applicant’s notice of motion dated March 18, 2004, with costs.

Since then, DDL has applied for leave to file an affidavit in reply to GUYSUCO’s affidavit in answer, and has been given two weeks within which to do so.

Among other things, DDL is alleging that it has a legitimate expectation of consultation before GUYSUC0 enters into any agreement with Angostura of Trinidad and Tobago, or any other legal entity which will have the effect of depriving DDL of a first call or option on molasses produced by GUYSUCO.

DDL is also saying that it has been induced to believe that DDL will have a first call or option on all molasses produced by GUYSUCO, and, that any agreement between GUYSUCO or any other legal entity which has the effect of depriving DDL of its first call or option to the limit of its annual requirements on all molasses produced by GUYSUCO is unlawful, unreasonable, contrary to the principles of natural justice, null and void and of no legal effect and is in breach of the legal rights and interests of DDL.
Trying to establish a monopoly is a wonderful thing.

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