THE COURT of Appeal has upheld a Supreme Court ruling last year for more than four dozen farmers in Abbey Green, St Thomas, to be allowed access to their farms through a roadway on the Abbey Green Estate.

Tropicrop Mushrooms Ltd, which has owned the estate for the last 20 years, had erected an iron gate in 2007 and posted armed guards to prevent farmers from using the road to gain access to their farms.

The farmers and the St Thomas Parish Council objected to the erection of the gate. The farmers contended that they had been using the roadway for many years and should not be prevented from doing so.

Burdensome

The parish council contended that the access route was a parochial road and, therefore, fell under its jurisdiction. It objected to the gate being erected on the grounds that the restriction was burdensome to the farmers and demanded its removal.

Tropicrop, which cultivates coffee on the estate, took the issue to the Supreme Court and secured orders in February and March last year, barring the parish council from removing the gate. An order, which was to remain in force until April 2008 was also granted allowing no more than 15 local farmers to have access through the gate three days per week.

Orders remain

On July 17, 2008, Justice Patrick Brooks heard an application by the parish council to have the orders varied or set aside. The judge granted a further order restraining the parish council from removing the iron gate and granted access to 50 local farmers from 6 a.m. to 6 p.m. Mondays to Fridays. The orders are to remain in force until the issue is decided by Supreme Court.

Tropicrop appealed the ruling, seeking to have the order of March 2008 restored for only 15 persons to use the road three times per week. That appeal was eventually dismissed by the court.

barbara.gayle@gleanerjm.com