The Court of Appeal has refused to grant the Water and Sewerage Authority (WASA) an injunction against the Port-of-Spain City Corporation. The authority had sought the injunction to stop the corporation from occupying a 23-acre parcel of land at Westmoorings which is the site of the authority’s Cocorite Farrell Well Field. The land, sometimes referred to as the Cocorite Farm, is on the Western Main Road opposite West Mall. During a chamber court hearing at the Hall of Justice yesterday, appellate judge Paula-Mae Weekes said the authority did not show exceptional circumstances to warrant the grant of the injunction.
On January 11, High Court judge Carol Gobin ruled in favour of the corporation in the land dispute. In her judgment, Gobin said WASA had failed to prove the land was vested in it. WASA appealed. As part of the appeal, WASA sought the injunction as well as a stay of Gobin’s judgment. During yesterday’s hearing, Weekes dismissed the application for the stay and said the authority’s attorneys did not convince the court there were good prospects of success in their appeal. The substantive appeal has not yet been determined.
In a news release yesterday afternoon, Port-of-Spain mayor Louis Lee Sing criticised the authority’s appeal. He said: “Ultimately, it is the taxpayer who is paying millions to these legal teams in a matter where a state agency is attempting to gain control over lands owned by the city and (on) which the city has determined it wishes to establish a green park.” WASA was represented by Senior Counsel Seenath Jairam and attorneys Larry Lalla and Nyree Alfonso. John Jeremie, SC, and Kerwin Garcia appeared for the corporation.
The dispute arose in 2011 when the authority resumed water production at the site, which had been discontinued in the 80s, while putting up signs to re-establish the property boundaries. On September 14 that year, the corporation’s CEO told WASA’s CEO to stop all activities on the site. WASA maintained its position. The following day, the corporation moved onto the site and tore down the signs. WASA workers were allegedly threatened with arrest for trespass, according to the documents presented in court. WASA claimed it was the corporation which was trespassing.
Following Gobin’s judgment, Port-of-Spain mayor Louis Lee Sing announced that the land would be converted to a recreational park. It is expected to include benches, a children’s playground and a walking track.