Tarouba squatters appeal Court ruling

RESIDENTS of Tarouba Village near San Fernando, who last week lost their court case against the National Housing Authority (NHA), have filed ten grounds of appeal. The NHA had fought for the residents to be evicted from NHA lands.

The residents are contending that Justice Nolan Bereaux erred in law in failing to hold that the NHA’s decision to demolish their homes en bloc was illegal. Filed in the Registry of the Appeal Court, Hall of Justice, Port-of-Spain by attorneys Garnet Mungalsingh and Company, the squatters stated that it was wrong for Justice Bereaux to hold that they did not have a legitimate expectation to remain on the lands or, be given alternative lands. The judge dismissed the squatters’ application for judicial review of the NHA’s issuance of eviction notices to some 67 squatters. The squatters were ordered to pay the NHA’s legal cost. The action was filed on behalf of residents occupying lands at Tarouba North Development and Marabella Development.

Another ground of appeal contended was that the judge ought to have held that the NHA had a duty to consider the facts and circumstances of the case of each individual squatter separately. The judge, the ground stated, erred in law in failing to consider that the NHA should have given the squatters an opportunity to make representation before deciding to evict. Justice Bereaux’s seven-day injunction to prevent the NHA from evicting the squatters pending the appeal will end tomorrow. Attorneys Mungalsingh and Company are expected to file an application in the Court of Appeal today, for a continuation of the injunction pending the hearing and outcome of the appeal.