P 0 Box 65
THE GRENADA NEWSLETTER
por the week ending October 15th 1977
APPEhL COURT LAOD ACQUISITION JUMDGahNT.
On October 7th, the Appeal Court, now sitting in Grenada, handed
down a judgement which has created considerable interest in legal
This decision refers to a Suit filed by Grand Anse a-states, Limited
relative to acquisition, by the Grenada Government, of
approximately 25 acres of land belonging to Grand Anse ketates.
This acquisition took place on April 15th 1976 and the land was to
be used for a communal pasture.
Appearing for Grand Anse Estates Ltd, Mr Allan Alexander (of
Trinidad) and Mr D C Williams (of Grenada) argued in the High
Court before Mr Justice Archibald Nedd on 27th and 28th June 1977
that Grenada's Land Acquisition Ordinance is ultra vires the
Grenada Constitution. Supporting %his argument, Counsel quoted
from the Land Acquisition Ordinance as follows :-
"19 (a) the value of the land shall, subject as hereinafter
provided, be taken to be the amount which the land, if
sold in the open market Iy a willing seller, might have
been expected to have realized at a date 12 months
Drior to the second nublisation in the Gazette of the
declaration under section 3 of this Ordinance;"
At the "second publication in the Gazette", the land passes into
the poseasion of Government, and it was argued that, if the value
at this time must be taken as it was a year before, this is
repugnant to Section 6 (1) of the Grenada Constitution which says:-
"6 (1) No property of any description shall be compulsorily
taken possession of, and no interest in or right over
property of any description shall be compulsorily
acquired, except where Drovision is made by a law
applicable to that taking of possession or acquisition
for the prompt payment of full compensation."
It was argued that payment for land at a value which was
applicable 12 months before did not constitute "full compensation"
THE GRENADA NEWSLETTER Week Ending 15.10.77
and the Land Acquisition Ordlneaoe was therefore untra vitra the
Canstitution. The High Court was, therefore, asked for a
Declaration that the acquisition was null and void.
kr Justice Nedd denied the application and held that the provisions
of the Land Acquisition Ordinance satisfied the safeguards set out
in section 6 (1) of the Constitution." An appeal was lodged by
(Y.and Anse Estates Ltd against this judgement.
Appearing in the Appeal Court before bir Maurice Davis, Chief
Justice, Mr Justice Elvin St.Bernard and Mr Justice Neville
Peterkin, Counsel for Grand Anse Estates submitted that
if any one of three pre-conditions wc. not met, acquisition would
not satisfy the constitutional requirements. These pre-
conditions are :-
(a) a law applicable at the time of acquisition in
(b) thervmust be included in that law a provision for
prompt payment, and
(c) the compensation must be in full.
In its Judgegent, the Appeal Court found that the Land Acquisition
Ordinance satisfied conditions (a) and (b), but said that "the
question as to whether or not the provisions of the same Ordinance
relating to compensation infringe the constitutional requirement
of full compensation is not without difftoulty."
The Appeal Court recognized that provisions of the Land Acquisition
Ordinance place "a limitation on the value of the land acquired
to a value 12 months prior to the dats of acquisition ....", and
that Ordinance as it stands is "an infringement of a fundamental
right to full compensation enshrined in section 6 (1) of the
The Appeal Court, however, referred to dahedule 2 attached to
the Grenada Constitution. This Schedule deals with
"Transitional Provisions" and says in Section 1 (1) :-
"The existing laws shall, as from the commencement of the
Constitution, be construed with such modifications,
THE GRUADA NENSLhTTER Weet Ending 15. 10.77.
adaptations, qualifications and exoeptiona as may be aoaeaanry to
bring them into conformity with the Constitution and the Courts
From this basis, the Appeal Court said "it appears that the
intention of these provisions is to secure the continuance of the
validity of an existing law as far*as is possible", and that
although "the appellants rights have been infringed", the Court
is "of the view that, because of the Transitional Provisions set
out in Schedule 2 to the Order, the acquisition is not null and
void, but the Appellant is entitled to an Order that the
compensation must be assessed on the market value of the land at
the date of acquisition."
In an exclusive interview with NEWSLETTER today (13th) Mr D M B
Cromwell, Managing Director of Grand Anse 'states Ltd, hailed the
outcome of the case as "a victory". "It is a victory,!, he
said, "not only for us but for all those people whose lands have
been acquired by Government and who, after many years, are still
awaiting payment." Mr Cromwell said the Court of Appeal had
found that acquisition of land must be accompanied by full
compensation and, he said, "this must mean exactly what it ayes,
'prompt and full compensation'".
Mr Cromwell said, however, that it seemed strange to him that the
Appeal Court should find that the Land Acquisition Ordinance is
not ultra vires the Grenada Constitution and, at the same time,
the Court finds that certain sections of the Land Acquisition
arvdnanet arc repugnant'ta the Oantitttan. "The Appeal Court
Justices have actually suggested that these sections be amended",
Mr Cromwell was not prepared to say whether the case would be
taken to the Privy.Council, but he indicated that his legal
advisors are studying the matter.
EMPLOYERS FEDERATION RECEIVES REPORT
The Report of the Committee of Management for the period 1976-
1977 will be presented .today (14th) at the Annual General Meeting
THL GRENADA NEWSLhTTER 'eek Ending 15.10.77
of the Grenada Employers' Federation.
According to this Report, 6 Industrial Agreements were signed
during the period under review, 3 by the Technical & Allied
Workers Union/ I by the Seamen & Waterfront Workers Union/and
2 by the Commercial & Industrial Workers Union. (CIWU).
ages were also affected by an agreement reached by Government,
:he Grenada Sugar Factory Ltd and the Cane Farmers Association.
the Factory had been closed for economic reasons since 1973 and,
na part of a plan to recommence operations, a 331 wage increase
was agreed upon.
The Industrial Agreements intered into by TAWU are :-
(1) with the Grenada Telephone Company Ltd giving wage increases
of 20o and 15% over the 2 year period, 15.7.76 to 14.7.78.
(2) with Cable & Wireless (W 1) Ltd giving wage increases of
'1% on salaries under E04400.00 per month, 19% on salaries
,;C$400.00 to EC$800.00 and 16%o on salaries over EC$800.00 per
aonth. This covers the 2 year period, 1.8.76 to 31.7.78.
(3) with Mcnntvre B~e Ltd covering the 3 year period, 1.7.76
to 30.6.79. This Agreement is in three categories, the
.frst receiving an increase of 30% in the first year, 20A in
the second and 10%. in the third. Corresponding increases in
the second category are 27-%, 15% and 107. Persons in the
third oatagory receive an across the board increase of E$070.00
per month in the first year, 10% in the second and 107o in the
The Industrial Agreement entered into by SWWU is :-
(1) with Grenada Shioning Agents. This is for a Cost of
Living Allowance under an existing Agreement. This allowance
is at the rate of 10/O from January to June 1977, and 15pi thereafter.
Is is pointed out in the Repcrt that the existing Industrial
Agreement will expire early in the New Year and it is expected
that negotiations for a new Agreement will comonence soon.
'he Industrial Agreements entered into by CIWU are :-
?1) with the Grenada SRaur Factory Ltd covering the 3 year
'-iod 1.1.77 to 31.12.79 and relating to three categories of
THE GREHADA NiSLETTER Seek Ending 15.10.77
worker. The firab category w.ll roelvve inoroses of 15b, 2SCo
and 10 C over the three years, the second I05, 12 .nd 7j. and -
the third 71%, 10% and 7jT. OIWU represents the clerical
staff; negotiations on behalf of the factory workers started
with the Grenada Manual Maritime & Intellectual Workers eaet
(2) with the Caribbean Tobacco Comonanr over the three year period,
1.4.77 to 31.3.80. Wage increases of 20%, 10% and 7%j will be
made to salaries less than E0$300.00 per month, -ib, 7 and 7T6
to those from 0o#300.00 to BC0600.00 and 7)1, 5% and 5% to
salaries over EC$600.00 per month.
Membership of the Grenada mBployers Federation now stands at 28;
oUtgoing President is Ars R A Smith and outgoing Vice-President
is Mr Curll Searles. Late news reaching NEWSLETTER is that
Mrs Smith has been reflected President. Mr 3earles did not
accept nomination and the post of Vice-President stands vacant.
GRENADA WITNESSES ECLIPSE OF SUN
An eclipse of the sun was visible in Grenada during the late
afternoon of yesterday (12th). This eclipse, which was total
in Central America, was first visible here at approximately
5,00 pm (21.00 GMT) when the dark circle of the moon was seen to
begin to cover the lower face of the sun.
At about 5.30, the eclipse was partially Dbsured by cloud on the
western horizon, but this cleared just before the sun set at
about 5.50pm. At sunset, about three-quarters of the sun had
been eclipsed by the moon.
ROTARY YOUTH ACTIVITIES WEEK
The Rotary Club of Grenada is joining with Rotary Clubs around
the world to mark "Youth Activies Week" over the period 9th to
The programme for this week is geared around "Rotoract", a Club
open to young people from 18 to 28 years old, and the highlight
will be a "Youth Forun on Saturday 15th and Sunday 16th. In an
THE GRENADA NEWSLThTER Week Ending x15.10.77
exclusive interview with NEWSLETTER yesterday (12th), Mr Ray Smith,
a member of Rotary's Youth Services Committee, said this Forum will
afford useful insights into the perspectives and opinions of
Grenada's youth, and will be helpful to Rotoract and kotary in the
zeleotion of the Club's service projects.
"The Forum will largely determine its own direction," said Mr Smith,
"but, in order to initiate dialogue, a number of interesting
speakers have been invited to come along and lead off the
discussions. These speakers include Dr Alister Budhlall who
will speak on diug abuse, 'George', a representative of Alcoholics
'.2onimous whose subject is alohohol abuse, and Mrs Beverly Steele,
Extra Mural Tutor of the University of the West Indies who will
consider the relevance of yesterday's values to today's youth.
Another speaker will be Mr George Brizan, an economist on the staff
fa the Grenada Boys' Secondary 6ohool. Mr Brizan will talk on
'Today's youth needs".
.ther features of Rotary's "Youth Activities Week" include outings
and treats for handicapped children.
The S S "Geestorest" sailed on October 11th with 16,059 boxes of
bananas weighing 475,833 lbs. Geest Industries Ltd paid the
drenada Banana Cooperative Society (GBCS) 28.951 EGO per pound
unking a total of E0c137,758.4i. The price paid to growers
by GBSC was 15 OEC per poind on the weight of bananas received
at the boxing plants, but this figure is not yet available. There
were 392 boxes of rejected fruit.
The weight shipped by "Geestland" on October 4th was 506,826 lbs,
and the weight at the boxing plants was 540,115 lbs, making a
difference of 33,289 Ibe between the boxing plant weight and
the shipped weight.
CRUISE LIBER CALLS
Two cruise liners called at 3renada during th4 week ending October
8th. These were the "Cunard Countess" on October 4th with
737 passengers, and the "World Discoverer" on October 6th with
W October 1977