In a landmark judicial decision, Trinidad and Tobago’s High Court has mandated the Ministry of Energy and Energy Affairs to pay over $10 million in combined damages to brothers Prakash and Adesh Maharaj. The ruling concludes a twelve-year legal battle that began with the ministry’s unlawful suspension of the brothers’ de facto retail marketing licenses in 2012, which forced the abrupt closure of their service stations and denied them access to their properties.
Master Wrenerson Lochan presided over the damages assessment, which followed a series of appellate decisions culminating in a 2020 Privy Council ruling that found the ministry had acted beyond its statutory authority. The court determined that the brothers held valid de facto licenses through consistent payment and acceptance of annual fees, establishing that the ministry possessed no lawful power to suspend their operations.
The judgment detailed how ministry officials executed sudden shutdowns of both the Fyzabad and King’s Wharf stations in late 2012, publicly accusing the brothers of petroleum regulation breaches and impropriety without due process. The closures received significant media attention, severely damaging the Maharajs’ business reputations. The court found that state agents took possession of the premises, posted security guards, and denied the brothers access to their equipment, business records, and inventory without undertaking proper safeguarding measures.
In his assessment, Master Lochan accepted the comprehensive expert analysis of chartered accountant Larry Ramoutar, who calculated losses spanning fuel and non-fuel profits, fixed assets, inventory, and operational float money. The State notably failed to present countervailing expert evidence or challenge Ramoutar’s methodology through cross-examination.
The final award includes $9,257,894 in compensatory damages divided between the brothers, $300,000 in vindicatory damages, approximately $1.58 million in accrued interest at 5% annually from 2022-2025, and an additional $250,000 collectively for distress and anguish stemming from reputational harm and financial hardship. The court characterized the ministry’s handling of the properties as “deeply concerning” and emphasized that the substantial awards serve both to compensate the claimants and deter future governmental overreach.
The ruling establishes significant precedent regarding state accountability, with Master Lochan noting that “citizens reasonably expect that no officer of the state would arbitrarily interfere with their property without embarking upon a process of law, one which is procedurally fair and consistent with natural justice.”