Supreme Court Justice Keith Thompson ordered a company operated by Fox Hill MP Shonel Ferguson to vacate a building it was occupying after it failed to uphold its lease agreement.
Turtle Creek Investments Limited is listed as the defendant and Daybreak Holdings Limited is listed as the plaintiff.
According to the order, which is dated November 13, Thompson ruled that Turtle Creek Investments “is in breach of the agreement made between the plaintiff and the defendant”.
The agreement is dated December 31, 2005.
“The defendant, its agents, servants, assigns and subtenants shall vacate the building situated on the corner of Collins Avenue and 6th Terrace… on or before the close of business on the 13th day of December, A.D., 2018,” Thompson said.
He ordered that Daybreak Holdings be given possession of the building as of December 13, 2018.
“The plaintiff and the defendant shall each engage an accountant so as to determine the amount of arrears, outstanding bills, outstanding taxes, outstanding fees, outstanding duties, outstanding fines and outstanding registration charges that the defendant owes the plaintiff pursuant to the said agreement,” the order read.
Thompson ordered Turtle Creek to pay Daybreak Holdings all outstanding sums which it owes.
“The sum of one hundred and fifty thousand dollars, $150,000… shall be subtracted from all sums which the defendant owes the plaintiff pursuant to the said agreement as contemplated in paragraph six of the said agreement, which provides that the said sum shall be returned to the defendant upon termination of the said agreement,” the order read.
“The defendant shall pay the plaintiff’s costs associated with the bringing of and prosecution of this matter to be taxed, if not agreed.”
Attorney Christina Galanos appeared on behalf of Daybreak Holdings Limited and attorney Edward Turner appeared on behalf of Turtle Creek Investments Limited.
Turtle Creek entered into a hire purchase agreement with Daybreak Holdings for the building.
According to the lawsuit, the deal for the purchase of the building was executed in December 2005, and involved Ferguson’s company agreeing to pay a $150,000 deposit plus $1.35 million to be broken down into 264 monthly installments of $10,833.
Daybreak claimed that in September 2016 the payments stopped, despite the building being leased at that time for $12,000 per month.