(CMR) We have learned today that Wilson Mendoza of Lissa Lane, West Bay has made an eleventh-hour appeal to the Grand Court seeking an injunction against the National Roads Authority (NRA).
An ex-parte application has been applied for and should be heard tomorrow morning in chambers before Justice Kawaley.
The impact of the injunction would be that the road works that began in earnest on Friday would have to be haulted pending the outcome of a trial.
The injunction is claiming that Mendoza, Crosby Ebanks and Mario Alberto Gomez have not been properly compensated for their parcels of land that were acquired. The documents which were filed on Friday by local law firm KSG claim that the process runs afoul of their constitutional rights under the Bill of Rights.
As reported earlier Mendoza left his home on Friday claiming to be taking his wife to work with Ebanks in the vehicle. However, he returned sometime later with Ebanks and his wife. Mendoza was clearly annoyed as it was reported by our RCIPS sources that he complained to them that on that day they had not been doing their job. CMR overheard Mendoza lying to a PC Myles claiming that he already had an injunction. In fact, Ebanks also told the officer to contact their lawyer, James Kennedy for a copy of the injunctions.
These documents now make it clear that no such injunction is in place at this time.
The Adams family has a previous ruling from the Registrar of Lands which Mendoza was able to appeal and did not do so. That ruling formalized the registration of the parcel as a registered easement. He has also had numerous opportunities through the NRA to object to the process before Friday's date. Mendoza did not take advantage of any of those notices.
Sources indicate that the notices were published in accordance with the law and he would have had a 21-day opportunity to object. The government proceeded with gazetted the road.
Sources familiar with the process have indicated that anyone seeking compensation has to submit an intention to claim to the National Roads Authority. However, the completion of the road is not dependent on that being done. There is no indication if Mendoza has actually submitted an intent to claim.