Court throws out JPS appeal against injunction obtained by 94 Hope Pastures residents
The Court of Appeal has thrown out an appeal by the Jamaica Public Service Company (JPS), against an injunction obtained by 94 residents of Hope Pastures.
The JPS wanted the court to lift an injunction granted to the residents by the Supreme Court in November 2015 which prevents it from disconnecting an underground electricity supply system.
The underground electricity was implemented in 1962 and was approved by the Parliament.
However, more than 40 years later, the JPS wants to remove the underground system and replace it with an overhead system which it claims would be cheaper to maintain.
Lord Anthony Gifford, one of the attorneys representing the residents, says they will not allow the JPS to change the system.
The matter is scheduled for case management next year.
What the residents claim:
* The underground electricity supply arose out of an act of Parliament and therefore it had the force of law;
* The Minister of Housing at the time gave JPS an easement to repair and maintain the underground supply; and that
* Any contract between the residents and the JPS must be subject to the law which was passed and gave legal force to the underground system.
The JPS did not immediately comment on the development.