Displaced Mocha squatters lose High Court case

Displaced Mocha squatters lose High Court case

At least six displaced squatters of Cane View Mocha, who had their homes bulldozed by the state in early 2023 have lost their High Court bid for compensation and have instead been ordered to pay costs to the state.

In a ruling this morning, Acting Chief Justice Roxanne George said the applicants failed to make out their cases. She also noted their decision not to engage the government on the regularization process which it had offered.

The government had long said the residents were squatting on its reserve and had served several notices for the persons who were living and farming there to move.

While some persons accepted the Government’s offer of house and land in another area, some others who have been living in the area for more than 30 years have been holding out.

“The applicants would have become trespassers after being asked to remove from the land for which they had no title and to which they did not lay claim by any action or proceedings. They refused to move and the owner or its agents would have been entitled to remove them. They stayed at their Peril,” the Chief Justice said in her ruling.

She acknowledged that the properties of the residents were damaged  and noted that a case of damage to property should have been filed instead.

Further, the Chief Justice ruled that the residents must also pay damages to the Attorney General and Ministry of Housing—Central Housing and Planning Authority.

The demolition of the houses came after several families had refused to vacate the government’s reserve, which the government had stated was to be used to build a new four-lane road.

The Ministry of Housing and Water offered houses in the Little Diamond Housing Scheme, to the squatters while warning that their homes would be demolished if they did not remove from the path of the major road project.

The homes of the squatters were eventually demolished, leaving many of them homeless. The highway was built, but ended up not being close to the area where the squatters lived.

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