Privy Council dismisses appeal by Walker, Frank over Paradise Found Act

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Simin, Walker, Simon, Frank

The Judicial Committee of the Privy Council, has dismissed an appeal by Trevor Walker and McKenzie Frank, challenging the constitutionality of the Paradise Found Act of 2015. CLICK HERE TO JOIN OUR WHATS APP GROUP

Issue

The issues was whether the Appellants were, by virtue of the Paradise Found (Project) Act 2015, deprived of any right or interest in land which they enjoyed pursuant to the Barbuda Land Act 2007.

Ruling

The JCPC said the Board has given, the claimants have no realistic prospect of succeeding in their claim under section 9(1) of the Constitution so that the Court of Appeal was correct to strike out that claim. The Board will therefore humbly advise Her Majesty that the appeal should be dismissed.

Back Ground

By section 3 of the Barbuda Land Act 2007 (the “Land Act”), all land in Barbuda is owned in common by the people of Barbuda, and title to that land vests in the Crown on their behalf. By section 7, the consent of Barbudans must be obtained for any major development.

The Government of Antigua and Barbuda entered into a lease agreement with Paradise Found LLC to lease land in Barbuda for the purpose of a tourism development project. The Paradise Found (Project) Act 2015 (the “2015 Act”) was passed to give effect to the lease agreement, and it provides that the Land Act does not apply to the leased land.

The Appellants are Barbudans. They filed a claim on 6 June 2016 in the High Court claiming constitutional relief and challenging the validity of the of the 2015 Act. They maintained, inter alia, that: (i) the 2015 Act constituted a compulsory acquisition of their interest in the land without compensation; (ii) the land was not acquired for public use; and (iii) the 2015 Act violated section 9 of the Constitution of Antigua and Barbuda, which protects against the deprivation of property.

On 13 September 2016, the Respondent filed an application to strike out the claim on the basis that it disclosed no cause of action against the Government under the Constitution and that it was an abuse of process.

The High Court dismissed the Respondent’s strike out application. Wilkinson J found that the claim raised issues that ought to be tried. She noted that the several sections of the 2015 Act “appear to ‘side-step’ or circumvent the requirement for the consent of the people of Barbuda for major development pursuant to the [Land Act]”. Wilkinson J also found that the Appellants had the necessary locus standi to pursue the claim on the basis that, as Barbudans, they held an interest in Barbudan land.

The Respondent’s appeal to the Court of Appeal was allowed. The Court found that the Appellants did not have a personal right of property in the leased land. Rather, the Land Act provided a scheme for the collective rights of Barbudan people as a class. Further, the Appellants lacked the necessary standing to pursue a claim for relief under section 9 of the Constitution: the rights accorded to Barbudans did not constitute interests in or rights over property for that purpose because they had no immediate entitlement to use their interest in such property without permission.

READ FULL JUDGEMENT HERE: jcpc-2021-0070-judgment

Simon QC (Left) and Walker at JCPC in England, May 2022

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30 COMMENTS

  1. Look. I dont even know where to start with these four quacks in photo.

    First the voice of the Privy Council is the Voice of GOD.

    What is Justin Simon’s record to date before the privy council.

    Trevor in an interview justified going to the UK because he had to remind Justin that a matter was appealed.

    Trevor in his myopic thinking was all gong ho about a victory because he claimed the judge had said the matter was of great interest to the Barbudans. AH WHA HE AH SAY NOW.

    Limpy Joe lovell now with the politics again saying if government change then the who issue will be relooked in Barbuda.

    • King Lyadd Lovell Limpy Joe is a lost cause. Always Grasping at straws and promising a pot of gold. One big pappyshow full a 🤡 🤡 🤡 🤡

      A weak ass jellyfish lonely and desperately trying to convince himself of a modicum of relevance.

  2. Based on the presentations made by both counsels for the claimants and the respondents on the Barbuda Land Act Case, it was clear to anyone who watched the proceedings with objectivity, the ruling could not have gone any other way.
    I watched at least three times for my edification and presumptuous concluded that the complainant had no formidable case, being presented by Justin Simon QC. He himself didn’t seem convinced that his argument had merit. There were many poignant questions being asked by the Lord’s and Lady for clarification from the good QC.
    On the contrary, Senior Council, Anthony Astaphan was able to present and defend the government’s position without question. He was concise, precise and succinct in his discourse.
    The decision is deep and hopefully will be far-reaching for our country.
    Onthe

  3. This should never have gone this far in the first place. If Barbudans are entitled to such rights as the Barbudans claim, then Antigua people are also entitled to such rights as a twin island state, in my opinion.

  4. This ruling was EXPECTED!! once and for all it is OFFICIALLY SETTLED. Time to move forward together 🇦🇬

  5. “…the claimants have NO REALISTIC PROSPECT OF SUCCEEDING in their claim under section 9(1) of the CONSTITUTION!!!

    “The Court found that the Appellants did NOT have a PERSONAL RIGHT of property in the leased land. Rather, the Land Act provided a SCHEME for the collective rights of Barbudan people as a class”

  6. WONDERFUL NEWS 🎊🙌🇦🇬🚩🚩🚩

    Trevor Walker can NO LONGER use the issue of land to MISLEAD, BRAINWASH, HYPNOTIZE and ENSLAVE the minds of some Barbudans!!

    Go pay your $1 and get your ACTUAL TITLE DEED for the land. (Don’t be like Alister Thomas who is yet to produce the title deed for the house he currently lives in).

    For too long the Franks et al have BAMBOOZLED the people into thinking the land is theirs.

    TRUTH will always set you free!!

    GO FORTH BOLDLY BARBUDA. Together with ANTIGUA. We are ONE!

  7. Samdee pls go check eenn pan Tabor🤣🤣 walk wid some smelling salts and florida wata fu revuve he🤣🤣🤣 he min cock sure Trevahhh an co min go win🤣🤣

    • Tabor safe man. He and Pearl “FOOTS” Quinn happy to see their PRIVY COUNCIL in action. UPP & BPM will host a celebration tonight aboard the Wilmoth Daniel STRIPPER POLE BUS 🚌 🤣 🤣 🤣 🤣 🤣 🤣 🤣

    • Mmmmm I am very fine and need no health checks. I can assure you however that no where have you heard me commenting on the possible outcome of the case.

    • LMAO. Tabor is still reading the verdict and trying to understand it. It hasn’t sunk in as yet. These fellows are losers.

  8. Maybe Justin “Never Ready” Simon was hoping this would put him/his son in the history books. It did, but not in a good way!

    • He got paid either way. Win or lose.
      And a Free Trip to England.
      And now the Council will claim they have no money to pay salaries.

  9. Wha dem ago do now????!!!! Dem drag this thing to the Privy Council which they saw as righteous and pure… remember they didn’t want the CCJ…. and now the unbiased, pure and true Privy Council tell dem for move wit dem chupit case. What a bam bam!

    • If the same judgement was handed down by the CCJ you won’t have heard the last yet. They would speak all sorts of ill of our distinguished judges.

  10. Pearl “FOOTS” Quinn must be sooo happy. Her choice for Final Court of Appeal just handed down a LANDmark ruling. Big up ya self Pearl “FOOTS” Quinn.

    Privy Council it is.

  11. MAY 4 , 2022 as appeared on ANR

    Privy Council hears arguments from Simon and Astaphan, while Frank and Walker hope for favourable decision on Barbuda land.

    Barbudans were engaged in days of prayers and some fasted as one of the biggest cases in this country’s history was heard today, May 3, by the Privy Council, the Nation’s highest appellate court. The London-based Court heard in-person submissions by Justin Simon, Q.C., representing the people of Barbuda, and by Senior Counsel Anthony Astaphan, who appeared for the Government of Antigua and Barbuda by virtual means. The case was brought by Barbuda Council Chairman McKenzie Frank and Barbuda MP Trevor Walker over the repeal of the Barbuda Land Act, 2007. Frank says the Central Government has been making attempts, for quite a number of years now to deprive Barbudans of their land rights. However, the Barbuda People’s Movement (BPM), for decades, has been defending Barbudans’ right to have autonomy over their lands, he says.

    Frank accuses the Gaston Browne Administration of taking away the Barbudans’ right to own the land in common – their preferred choice – without any form of consultation.
    Meanwhile, he says it has not been an easy road to have the matter heard at the Privy Council.

    Meanwhile, he says it has not been an easy road to have the matter heard at the Privy Council. Frank says he and the members of the BPM and Barbudans, in general, are hoping that, based on the legal arguments presented, the appellate court will rule in their favour.

    Meanwhile, MP Walker acknowledges that no one will be able to overturn the Privy Council ruling once a decision is handed down.

    However, he notes that the people of Barbuda have held the land in common for over 300 years, and the Browne Administration asking persons to pay a dollar for a house plot on Barbuda is nonsense.

    This morning, starting at 8 a.m., the matter was streamed via social media, with arguments watched and listened to by thousands of residents on both islands.

    Along with Simon, John McDonald Q.C., and juniors Sylvester Carrot and Kwame Simon are representing the Barbudans in this matter.

  12. Trevor said that at the end of the hearing the judge had stated that this matter was very important to the people of Barbuda. Now he knows what the judge meant.

    • I feel a bit sad for the people of Barbuda that they have been lied to and deceived for so many years by their own leaders. They were made to believe in a fallacy. God Bless the Honorable Gaston Browne who put his political career at stake and fought this tooth and nail only to open the eyes of the people of Barbuda. I can only hope that they can now see clearly that the myth is over. There is not and never was any common ownership of the lands of Barbuda. It is all Crown land.
      And I’m coming for my piece of the rock as soon as Government is ready to sell to Antiguans as well. And with this ruling they cannot deny anyone in the Unitary state of Antigua and Barbuda the right to own land in Barbuda. Walker and Frank should be taken in front of a Tribunal by the people of Barbuda. It should not end that simple for them. They should have to explain themselves to the people in public. And the PM should lead the charge. Or ABLP Senator Nedd should hold a town house meeting. Either way the Barbudans need closer of this issue after so many years in darkness.

  13. Just the same way VC Bird borrowed the money to buy Antigua’s land back from the Syndicate who treated Antigua people like slaves, so the people of Barbuda with their leaders should seek to buy their land from their Antiguan overseers!
    A small island in the British isles had to do something like that when a similar takeover of their island was imminent! Wake up Barbuda! Buy Barbuda.org

  14. but wenk justin simon and trevor dodging calls from Observer? Shermaine Bique Charles said all attempts to contact them proved futile. What you hidiing for justin and trevor? Face the public. face reality.

    those law schools they went to must be so embaRASSed to call dem alumni

  15. I laugh because something is coming we will see the double Gaston hit Barbuda but the most districtive force this season will be Hurricane Gaston we will see what happens all those properties will be washed into the sea just waite
    U

  16. The Disturber on their 530pm news said they were not able to locate Walker and Frank. When should a police report be filed?

    • 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 police can check:
      1). Hospital
      2). The Wilmoth Daniel STRIPPER POLE BUS 🚌

      Maybe dem “tek een” 🤣 🤣 🤣 🤣
      Prior to judgement, were all over the place running dem mouth. Now they are silent like the “K” in Knacyntar .

  17. “Tragically, Browne contended, the contentious issue of the ownership of the land in Barbuda had been used for decades by the BPM and UPP to INTENTIONALLY ORCHESTRATE POLITICAL MISCHIEF and drive a wedge and cause acrimony between Barbudans and the Antigua-based Central Government. “The very alliance between the BPM and UPP was predicated on that ownership MYTH. “They knew better, but they have deceptively and deliberately sought to institutionalise and weaponise the MYTH of ownership to achieve, and maintain, political relevance”.

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