Maroc - NEWSDAY.CO.TT - A la Une - 22/Sep 08:45

Tunapuna vendor’s claim over seizure of goods dismissed

The High Court has dismissed a claim brought by a Tunapuna market vendor against the Tunapuna/Piarco Regional Corporation over the 2019 seizure and disposal of his goods, ruling that the vendor failed to prove his case for damages. In a ruling on September 19, Justice Margaret Mohammed dismissed Didier Mora's claim. He was represented by attorney Anthony Manwah, while attorneys Farai Hove Masaisai, Akinola Goodridge and Mpule Williams of Hove and Associates represented the corporation. Mora sought $69,339 in loss of earnings, as well as damages for trespass, detinue and conversion, alleging that the corporation unlawfully seized and disposed of his vegetables and dry goods from the Tunapuna Public Market on July 6, 2019. The corporation argued that health officers and municipal police conducted routine inspections that day and found Mora selling produce in the meat section of the market, contrary to bye-laws. Officials said the claimant refused to relocate despite offers of assistance, prompting the seizure. The goods were stored at the corporation’s head office but were later discarded after decomposing when the claimant failed to retrieve them. Justice Mohammed ruled that while Mora owned the goods and had a right to possession, he failed to prove that he made a formal demand for their return, a critical element of the tort of detinue. The judge also found no evidence of wrongful disposal, as the goods were perishable and had spoiled. On the issue of trespass, the judge noted that Mora admitted under cross-examination that he was selling produce in the meat section, in breach of the market bye-laws. The court determined that the seizure was lawful and reasonable given the potential health hazard. “The claimant acknowledged that he was within the meat section selling agricultural produce. “The claimant agreed that the goods were removed because they were being sold in the area allocated for the sale of meat, that the agents and/or servants of the defendant including a public health officer asked him to remove the goods and he refused the request. “Therefore, based on the claimant’s admission in cross examination he was in breach of section 12 (1) of the bye-laws,” the judge said, adding that Mora's failure to comply with the “reasonable request” to move was in breach of the market's bye-laws. “Having found that the claimant has failed to prove that the defendant is liable in detinue and/or conversion and trespass to goods the issue of damages does not arise.” The claim was dismissed, and the court ordered Mora to pay the corporation's prescribed costs of $17,867.80. The post Tunapuna vendor’s claim over seizure of goods dismissed appeared first on Trinidad and Tobago Newsday.