Cancer victim sues family for $30m

TWO YEARS ago, Fareid Mohammed was a healthy and outgoing businessman. He is one of the shareholders of Warner Grain Mills Limited, one of the leading suppliers of chicken through its subsidiary, Fine Choice Meats Limited. The other shareholders are his siblings. Today, Fareid, 47, of Grenada Avenue, Federation Park, is fighting to save his life due to a rare cancer, known as Chondro-sacroma. He has had two major traumatic radical surgeries between October 2003 and June 2004 in the United States.

These surgeries involved the complete removal of his left pelvic and part of his lower lumber spine. There is a recurrent tumor which requires immediate surgery. That surgery is now six weeks overdue. It is badly needed to prevent further spreading, amputation of his left leg, removal of his left kidney and ultimately... to save his life. That operation is now fixed for December 16 in Miami. But Fareid has another problem. He has been allegedly kicked out of Warner Grain Mills and this has forced him to file an application in the Port-of-Spain High Court under the Companies Act. The most important claim in the application is for Warner Grain Mills (the defendant) to purchase his shares and interest in the business which amounts to just less than $30 million. He also wants an interim payment of $2 million to settle his medical bills. Hearing is set for December 7, nine days before he undergoes his other surgery at the Jackson Memorial Hospital in Florida.

Fareid is also seeking an order that:
a) Warner Grain Mills produce to him within seven days, updated financial statements.
b) A declaration that the company is in breach of the provisions of Section 155 (1) of the Companies Act in relation to him, in that for the years 2000 to 2004, no such documents have been sent to, or received by him as a shareholder of the company.
c) A declaration that the business or affairs of the company has been carried out in a manner that is oppressive or unfairly prejudicial to, or unfairly disregards the interest of the plaintiff as a director/shareholder of the company.
d) A declaration that the powers of the directors of the company have been exercised in a manner that is oppressive or unfairly prejudicial to or unfairly disregards the interests of the plaintiff as a director/shareholder.
e) An order that the court do appoint a receiver/manager to look after the affairs of the company.
f) An order of the court creating or amending a unanimous shareholder agreement among the shareholders of the company.
g) An order of the court appointing directors for the company.
h) An immediate order that the company make an interim payment to Fareid for costs including legal fees and disbursements for urgent medical expenses which stand at $2 million.
i) the company be ordered to restore Fareid as a director.
j) the company compensate Fareid for loss of dividends on his shareholding and for loss of earnings on his shares and for loss of benefits, stipends, and perquisites as a director.
k) An investigator be appointed to investigate the affairs of the company.
Fareid is a 20 percent shareholder in the company, along with other members of his family — mother Zabida, brothers Yusuff, Fazal, Azim, and sister Zinette.

Warner Grain Mills, which was founded by Fareid’s father Assic, was incorporated on May 29, 1973. Three years later, Assic died, and Fareid who was studying dentistry at Lindsay Hopkins Dental School in the US, returned home to assist in the family business. In his affidavit to the court, Fareid spoke of a somewhat turbulent period in the company. Fareid claimed he was forced out as a director of the company on January 31, 2000. He contended that when he was forced out, there was an agreement that he would receive a compensation package of at least $247,711.28 as gratuity for “my years of dedicated service” to the company. He stated that he has not yet received the gratuity. Fareid further added that he has also lost salary in the sum of $720,000 and vacation allowance of another $100,000, together with profit sharing in the sum of $200,000.

Since his exclusion from the company, Fareid said he has not been allowed to exercise his rights as a 20 percent shareholder and has not been paid dividends. In April 2003, he was diagnosed with a rare cancer known as a Chondrosacroma tumor on his left pelvic bone. It was labelled the 39th case of this nature in North America and he was instructed to undergo a major and traumatic surgery. On August 17, 2003, he was rushed to the Mount Hope Hospital because of the pain. The tumor was very large and it was pressing against the nerves on his lumbar spine. Two days later, he was rushed to Miami for surgery. “I have been undergoing medical treatment in Miami and Mt Hope Hospital every three months to test for any signs of cancer,” Fareid said in his affidavit. “It is no exaggeration to say that I am now literally fighting for my life.” Treatment for his cancer has so far cost Fareid US $317,000. The application in the High Court was filed by attorney Martin George.