Cel*Star Caribbean lodges claim to support writ application
April 22, 2004
Cel*Star Caribbean (CSC) Inc on Friday filed a statement of claim in support of the writ it applied for last month, which, among other things, seeks a declaration that it is the incorporator of Cel*Star Guyana (CSG) and legal and beneficial owner of all its shares and assets.
Work on the cellular service has been stalled since October by the Guyana Telephone and Telegraph Company's refusal to proceed with interconnection work while litigation was outstanding.
Other declarations sought are that the sale of 500,000 shares in CSG to TWT Guyana Inc (which is incorporated in St Lucia) be declared illegal, null and void and of no legal effect and that the Registrar remove TWT Guyana from its records as the holder of the said shares or alternatively to pay CSC US$12M or such sum as the court finds represents the true value of the shares.
CSC is also asking for damages in excess of $10M against Wesley Kirton and TWT Guyana jointly and severally for the alleged conversion of the 500,000 shares. It is also asking for a similar amount against Kirton and TWT.
CSC moved to the local courts on March 20 after a Florida court ruled in February that it had no jurisdiction to deal with the motions brought against Kirton, TWT and CSG.
In December, CSG approached the court for a declaration that TWT Guyana is the true and rightful owner of its shares. It said that it took the action in response to the wrongful claims of ownership CSC had filed in Florida and that its application to the court is to seek confirmation that under Guyana law, CSC had no rights to CSG shares and that its challenge to the ownership of CSG was baseless.