High Court rules in favour of Salvation Army

Justice Frank Seepersad yesterday ruled that Chunilal Guiness, who wanted to destroy the wall which separated both properties, had no greater right to the structure than the Salvation Army and by moving to demolish the wall, was guilty of trespass.

Guiness was ordered to pay the Salvation Army damages in the sum of $7,500 as well as costs and has been restrained from damaging or interfering with the wall.

The Salvation Army had, last year, filed a lawsuit against Guiness, the owner of the other parcel of land, who intended to have the wall demolished, claiming it was partly on his property.

In its claim form, the Salvation Army stated that it had been given permission by the previous owners of the land to construct the wall which measures approximately 150 feet in length and about 15 feet high. However, in August last year, Guiness became the new owner of the parcel of land and attempted to destroy the wall without a licence or consent of the claimants and despite repeated demands to cease, Guiness failed to cease demolition of the wall.

The Salvation Army also claimed that the defendant trespassed on its property and caused damage to property belonging to the claimants. With the granting of the injunction,Seepersad ordered that Guiness or his workmen refrain from carrying out any type of demolition work on the wall and trespassing on its property until the owners of the properties are determined during trial.

Chris Selochan and Tamara Dolsingh appeared for the Salvation Army while Anthony Manwar represented Guiness.