San Fernando Supreme Court

The San Fernando Supreme Court

A MAN, who failed to comply with a court order which stemmed from a $73,900 debt, is to be jailed for three weeks.

Basdeo Balkissoon was found to have flagrantly disobeyed the court’s order.

Balkissoon and Delano Simms both of La Romaine, entered into an agreement over the sale of a parcel of land in La Romaine at a price of $170,000.

Simms deposited a down payment of $69,000 into Balkissoon’s account in August 2015 and it was acknowledged by Balkissoon. In October 2016, Balkissoon said he would no longer be continuing with the sale and that Simms would be refunded.

When the repayment was not forthcoming, Simms through attorney Robin Ramoutar, issued a pre-action protocol letter to Balkissoon. He got no response from him.

Simms, through his attorney, filed documents before the court and in February 2018, before Justice James Aboud, Balkissoon entered into a consent order to resolve the matter. It was ordered that the money be returned to Simms and his legal fees be paid. This amounted to $73,900. Balkissoon had to repay the sum by way of three payments of $24,633.33.

None of the payments were made and an application was filed on Simms’s behalf for Balkisson to be committed to prison for the breach of Aboud’s order or that Balkissoon’s assets be confiscated for the breach.

On September 26 of this year, Aboud ordered that unless Balkissson deliver to Simms a pirogue and two engines together with a trailer, by the end of that month, a court marshall will be empowered to arrest him and take him to prison.

Balkisson handed over one boat engine. He was on Thursday found in breach of the court’s September order and the court marshall was order to arrest him “for his contempt of court in flagrantly disobeying” the order.

He will serve 21 days simple imprisonment at Remand Yard, Golden Grove, Arouca or any such other institution under the Commissioner of Prisons.

Balkissoon was also ordered to return to court on January 30, 2020 to state why a further order of imprisonment should not be made on him in the event that he still has not delivered the boat, the trailer and the second boat engine.


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