Bequia Paradise Primary has longer wait in property case battle
August 19, 2014

Bequia Paradise Primary has longer wait in property case battle

Despite the fact that the Incorporated Trustees of Lower Bay won its case against the Rotary Club of Bequia, the Bequia Paradise Primary School still cannot return to its former location, as the defendants have been granted leave to appeal the judgement.{{more}}

Director of the private, not-for-profit school Sabrina Mitchell informed SEARCHLIGHT that students will continue to be taught at a closed off section of her family’s hotel (Frangipani Hotel) until the matter has been resolved.

“We won the case hands down, so it’s difficult to understand why it’s gone into appeal,” she lamented.

“That will probably take another year, but I don’t think we will lose.”

According to Mitchell, the Rotary Club has been claiming Squatters’ Rights in this long-standing legal battle, which began in 2012.

They were granted an appeal after a June 6, 2014 judgement was handed down by Justice Gertel Thom in favour of the Trust.

In March 2012, the Trustees ended the 99-year lease agreement with the Rotary Club because lease money had not been paid, and amidst claims that the Lower Bay property at the centre of the case was being used for the club’s “self interest” and not to benefit the community.

However, the Rotary Club refused to vacate the property, which by then had been leased to Bequia Paradise Primary.

Mitchell said that her lawyer, P R Campbell QC, has advised her that the appeal case won’t come before court until next year.

“Once judgement is given… time will have to pass before the property is handed over and so on,” she added.

Mitchell further mused on the high cost associated with launching an appeal in a case like this.

“Rotary must have a lot of money!”