Appeal Court to resolve squatter relocation dispute

THE DISPUTE over the government's plan to relocate about 700 squatters from Mona Commons, St. Andrew to land owned by the University of the West Indies (UWI) is to be resolved by the Court of Appeal.

On Monday the court began hearing legal arguments in the appeal brought by UWI and the Attorney-General who are appealing against a Supreme Court order barring them from allowing the land to be used for the relocation of the squatters.

The Mona Rehabilitation Foundation which contends the land being allotted for the relocation was leased to the foundation for 99 years took the matter to court in February this year.

The foundation obtained an injunction barring the University from permitting the land to be used for such purposes until the matter has been determined by the Supreme Court.

The university had given approval for the government to use a portion of its land adjacent to the Rehab Centre to be used to build apartments and studios to house some of the more than 700 squatters living at Mona Commons. The government contends the continued existence of the squatter community in front of the hospital could lead to it being decertified as a teaching institution.

Attorney-at-law John Francis, from the Attorney-General's Department was granted an order to consolidate its appeal with that of UWI. The foundation had brought two summonses against the parties and obtained separate injunctions against them.

Dennis Goffe Q.C., who represents the University, submitted yesterday that the subject of the appeal was that the land on which the Rehab Centre was located was sublet by the university to the Ministry of Health for the purpose of establishing the Rehab Centre.

He said there was unchallenged contemporaneous documentary evidence which established that the government, on behalf of the Ministry of Health, was and remained the lessee of the land upon which the Rehab Centre was located. Mr. Goffe is seeking to have the injunction set aside on the ground that the judge erred in granting the order and in holding that there were serious issues to be tried.

The hearing continues today before the Hon. Ian Forte, president of the Court of Appeal, Mr. Justice Ransford Langrin and Mr. Justice Algernon Smith.

Mr. Emil George Q.C. and attorney-at-law Conrad George are representing the foundation.

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