NDMA wins case against Trinidadian company, Davis Ecolife Ltd

On the 2nd  February  2023,  High  Court  Judge,  the  Honourable  Justice  Gino Persaud 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 and by way of letter dated 7th November 2018, the company held itself out to be the sole distributor and creators of the Eco Pod building system, a system that combines energy  efficient  building  systems  with  solar technology to offer one complete product.

On the 30th November 2018, the National Procurement Tender Administration granted its approval for the contract provision of (2) Eco Pods for NDMA to be awarded to Davis Ecolife Ltd. for the tendered/corrected sum of US$66,941.00 (sixty-six thousand, nine hundred and forty-one United States dollars).

On  the 4th December 2018, NDMA executed a written agreement with Davis Ecolife Ltd at an agreed price of US$66,941.00 (sixty-six thousand, nine hundred and forty-one United States dollars) for the supply of two (2) prefabricated enclosures (Eco Pods) to house ICT hubs to be installed at two sites identified by NDMA.

On the 22nd January 2019, a deposit of US$28,449.54 (twenty-eight thousand four hundred and forty-nine United States Dollars and fifty-four cents) equivalent to $6,159,325.00 (six million one hundred and fifty-nine thousand three hundred and twenty-five  Guyana  Dollars),  was  paid  to  Davis  Ecolife  Ltd. by way of wire transfer.

The said Agreement had a completion date of 25th January 2019, however, Davis Ecolife Ltd. failed and/or neglected to perform the contract in accordance with the agreed completion date.

On the 31st January 2023, NDMA through the Attorney General’s Chambers filed an Amended Fixed Date Application seeking the following reliefs:

a.  A Declaration that the Respondent breached the contract executed on the 4th

December 2018;

b.  Damages in excess of one hundred thousand dollars ($100,000) for breach of contract;

c.  A Declaration that the Respondent has been unjustly enriched in the sum of

$6,159,325.00  (six  million  one  hundred  and  fifty-nine  thousand  three hundred and twenty-five Guyana Dollars), as money had and received;

d.  An Order for Restitution from the Defendant in the sum of $6,159,325.00 (six  million  one  hundred  and  fifty-nine  thousand  three  hundred  and twenty-five Guyana Dollars), constituting an advance payment made by the Claimant to the Defendant for which there were no works done;

e.  Interest in accordance with Section 12 of the Law Reform Miscellaneous

Act, Chapter 6:02, Laws of Guyana;

f.  Such further or other Orders as the Court deems just and reasonable;

g.  Costs.

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 $6,159,325.00 (six million one hundred and fifty-nine thousand three hundred and twenty-five Guyana Dollars), and costs in the sum of $500,000 in favour of NDMA.

NDMA was represented by the Honourable Mr. Mohabir Anil Nandlall SC MP, Attorney General and Minister of Legal Affairs, and Mr. Teakaram Singh, State Counsel.  Davis  Eco  Life  Ltd was initially represented by Attorney-at-law, Mr Javed  Shadick  and  thereafter  by  Ms.  Marissa  Nadir,  Attorney-at-law.  Both

Attorneys withdrew their appearances in the matter.