1 in the Eastern Caribbean
IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE TERRITORY OF MONTSERRAT (CIVIL) AD CLAIM NO. MNIHCV 2003/0005 BETWEEN: Alberta Brandt, Donald Brandt, Andrew Burk, Tracy Burk, Elizabeth Breur, Paul Breur, Elizabeth Corso, Alfred Dyett, Cynthia Dyett, Stephan Grewe, Kurt Foot, Hank Henry, John Kelsick, Beverly Kleeb, Robert Kleeb, Greg Mehring, Lester Parry, Samuel Rhys-Williams, Barbara Russell, Anthony Simpson, Sally Simpson, Denzil Tuitt, Audrey Tyson and Raymond Tyson Claimants AND The Governor of Montserrat 1st Defendant The Attorney General 2nd Defendant APPEARANCES: Mr. Jean Kelsick for the Claimants Mrs. Esco Henry Greer with Mr. Warren Cassell for the Defendants ------------------------------------------ Date: November 17th 18th 19th 24th 2003, 21st October 2004 -------------------------------------------- JUDGMENT [1] GEORGE-CREQUE, J.: This action which is a product of the volcanic activity in Montserrat, commenced by Originating Motion on 28th April, 2003 following the granting of leave by the Court on 15th April, 2003 under Part 56 of the Civil Procedure Rules 2000 (“CPR 2000”). The Claimants in their Originating Motion (as amended) claimed the following reliefs:- 1 (i) A declaration that their right to reside in their properties and to have free and unhindered access thereto as guaranteed by section 62 of the Montserrat Constitution Order of 1989 (“The Constitution”) has been breached by the First Defendant; (ii) A declaration that their right to protection from inhuman or degrading treatment as guaranteed
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