The Judgment by High Court Judge Justice Davidson Kelvin Baptiste in the case brought by the Lakes against the Anguilla Government, regarding its move to acquire 26 acres of land for the extension of Wallblake Airport, was handed down on Monday, April 5. The 37-page ruling was read by the Anguilla-based Judge Justice Janice Creque.

The last section of the Judgment, under the subhead Declaration and Orders, states as follows:

“The claimants [the Lakes family], having proved their entitlement to some of the relief claimed, the following declarations and orders are made:

It is declared that:
1. Sections 18 and 20 of the Land Acquisition Act 2000 are unconstitutional, void and of no effect in that they contravene the provisions of section 7 of the Constitution of Anguilla 1982.

2. The right of the claimants to the enjoyment of their property as guaranteed by sections 1 and 7 of the Constitution of Anguilla is infringed by the provisions of sections 18 and 20 of the Land Acquisition Act.

3. A fair balance has not been struck between the public interest in the airport expansion and the constitutional rights of the claimants in that the design and scope of the works and the proposed method of execution have not been carefully crafted enough to cause minimal impairment to the property of the claimants and their enjoyment of the use thereof.

“It is ordered that:

An injunction is granted restraining the Ministers in their respective capacities as Ministers of Lands, Communications and Works or otherwise, or any other person authorised by them or acting in their respective behalf from entering or remaining upon the lands acquired under the Land Acquisition Act and from taking any other action to the prejudice of the claimants or any of them under or in pursuance or in pretended execution of the provisions of the Land Acquistion Act.

The claimants are awarded damages in the amount of $10,000.00

The claimants are to have their costs. Written submissions on the issue of quantum of costs to be filed and served within 2 weeks.”

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