The Guyana Energy Agency (GEA) and its Chief Executive Officer (CEO) are being hauled to the Court by a company which was incorporated in Guyana to quash a decision made by the Agency and its head which sought to prevent the company from importing fuel into the country.
SBF Petroleum international is now moving to challenge the right of the GEA and its Head to prohibit it from fuel importation.
According to a Court document, the company is seeking a number of declarations and several orders to override the decision which allegedly restrains the SBF from importing diesel fuel into Guyana on the grounds that it is unlawful and contrary to regulations 48 (3) under the GEA Act Capt. 56:04.
The petroleum company has listed its CEO as Dorwain Bess and Director Anand Sanasie and is seeking an “Order of Certiorari” quashing the decision prohibiting it from the use of an import wholesale licence.
According to the document, a letter dated September 14, last year, dispatched to the company allegedly by the GEA, canceled the import wholesale licence (0029) of 2019 which commenced from November 11, 2019 to November 10, 2020.
The SBF is of the view that such a cancellation is irregular, unreasonable and/ or an improper exercise of Sharma‘s discretion.
As such, it is requesting that the Court issue declaration that the one-off concession granted to it for the discharge and wholesale of a large quantity of litres of diesel subject to all demurrage and other claimed fees for rental and usage of the M/V Ms. Robin Wharf and any other fees are to be borne solely by SBF International Inc. that the payment of taxes and or marking fees for the said shipment of diesel will constitute acceptance of this and all terms of the concession being granted and deemed as legally enforceable by GEA is unreasonable, irregular and unlawful.
SBF Petroeluem International is also” aiming for a $25M compenstation for losses suffered as a result of “ unlawful act.
In an affidavit to support the above-mentioned claims, SBF argued that the company held a wholesale import licence and storage licence from the GEA which is renewed every year.
Its operation for the import and wholesale of diesel was for Omai Gold Mines located at Christianburg, Linden, Guyana.
Further, the affidavit explains that as a result of its arrangement with the Omai Gold Mines, there were allegedly certain agreements with SBF which includes a tenancy for the wharf.
However, the company is claiming that there were a number of issues with the operations of the wharf inclusive of the absence of security at the gate, individuals being present on the site without Personal Protective Equipment (PPE), and a child walking on site; all of which were highlighted by GEA agents during visits in December 2019.
The SBF Petroleum International stated that GEA claimed that these above-mentioned matters were in breach of regulations for petroleum operation and is alleging that the GEA used these among other claims as the basis of an alleged breach of the regulations to prohibit its wholesale importation of diesel fuel.