On Wednesday 21st January 2004, the Honourable Justice Davidson Baptiste began hearing of the substantive arguments in the matter Bernice V. Lake and Others v Attorney General of Anguilla and Others at the High Court, The Valley, Anguilla.

In November 2003, the Lake Family of The Forest Estate, Anguilla filed documents into the High Court Registry applying to the High Court for an Administrative Order against the Attorney General of Anguilla, the Minister of Social Development and the Minister of Infrastructure of Anguilla. The Lake Family contend that the Government’s attempt and the mechanism used to acquire their land at The Forest for the Airport Expansion Project are unconstitutional.

Among the orders sought by the Claimants was an order to suspend the Vesting Declaration dated 30th October 2003 which was published on the 31st day of October 2003 in the Official Gazette of the Government pursuant to the provisions of the Land Acquisition Act, Revised Statutes of Anguilla Chp. L10 so far as the acquisition affects the property of the Claimants, namely their land compromising of The Forest Estate.

The Claimants also made an application to the Court to make a declaration that the Vesting Order dated 30th October 2003, is void and ineffectual to divest the Lakes of their right, title and beneficial interest in the aforementioned lands and so vest the property in the name of the Crown and also seeking an order declaring that the Land Acquisition Act of Anguilla collides with the supreme law of the land, the 1982 Anguilla Constitution and so is therefore unconstitutional.

An application was also made to the Court to grant an injunction restraining the Government from entering upon the lands of the Claimants and from taking any action that would prejudice the Claimants as it relates to their land. The injunction was heard in mid-November 2003 and was granted in favour of the Lake Family by Justice Baptiste. The Government immediately applied to the Court of Appeal to have the injunction over turned. Their Lordships of the Court of Appeal on 9th January 2004, stayed the appeal and sent the parties back to the High Court to hear the substantive case, that is the argument of the Lake Family that the Land Acquisition Land is unconstitutional and therefore the Government of Anguilla is not clothed with the power to compulsorily acquire their land as Government seeks to do.

The first day of the hearing saw Miss Bernice V. Lake Q.C. being called to the witness stand to be cross-examined, on her affidavits filed in the Court, by Mr. Allan Alexander S.C. lead Counsel for the Governments. The team of lawyers for the Lake Family is led by Dr. Henry S. Browne. The trial is expected to last for four (4) days and concludes on Saturday 24th January 2004.

- Contributed

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