Thu | Jun 17, 2021

Government alleging that judge misdirected himself in Orange Grove property ruling

Published:Tuesday | April 1, 2014 | 2:45 PM

Barbara Gayle, Justice Coordinator

KINGSTON: Jamaica:

The Government is alleging that a Supreme Court judge misdirected himself in a ruling that will result in the eviction of almost 100 families illegally occupying a nine acre property at Orange Grove, Trelawny.

The allegation is among several grounds of appeal being used by the Government in its application for the Court of Appeal to set aside Justice Lennox Campbell’s ruling.

In February, Justice Campbell turned down an application by the Housing Ministry seeking to block New Falmouth Resorts Limited from evicting the occupiers.

The Government had taken steps to regularise the property through the Housing Act in defiance of a 2010 court ruling ordering the eviction.

However, according to court documents, the Government is arguing that the judge misdirected himself in fact and in law when he found that the Housing Ministry was not acting in the public interest but for private individuals.

The Government is contending that the judge failed to apprehend that the definition of public purpose for land acquisition takes into account the benefit to the community.

Government lawyers say in that reasoning, the judge misconstrued the provision, intent and purpose of Section 25 of the Housing Act.

The appeal was filed by the Attorney General’s Department on behalf of the Housing Ministry last Thursday.


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