After preliminary arguments on a jurisdiction application were presented before Justice Brassington Reynolds, he will make a decision on Thursday if the Court could hear the case which seeks to quash the parking meter contract and decisions taken to implement the project.
Before the hearing of the High Court case even got started, the City’s Town Clerk, Royston King through his Attorney filed the jurisdiction application questioning whether the case could be heard in that court under the new Civil Procedures rules.
According to the Town Clerk’s Attorney Roger Yearwood indeed the Court has jurisdiction to make prerogative orders which he is not disputing but questioned where such jurisdiction comes from and how it is applied.
“The Court cannot purport to grant those remedies under rules where before these rules, that power didn’t exist” added Yearwood
In defense Attorney Kamal Ramkarranwho is representing the interest of MahendraArjune in the matter told the Court the over ridding objective of the rules requires “the Court deal with the issue justly and interpret the rules to ensure that the case is dealt with in relations with importance, its complexity and expeditiously.”
Ramkarran said the application filed by Yearwood is simply meant to delay the proceeding into the matter before the Court concerning decisions made, not by the Town Clerk but rather the Mayor and Councillors.
He also asked Justice Reynolds to give a direct order to City Hall and its authorities to not put in effect parts of its parking meter operations that boots and charge persons for parking in the City.
The Judge responded by saying he will exercise his mind as to such consideration at the point when he makes a ruling on the present application on Thursday.