By Erasmus Williams
Charlestown, Nevis, April 16, 2019 – High Court Judge, His Lordship Mr Justice Ermin Moise has ruled as ultra vires, a decision by Nevis government minister, Hon Alexis Jeffers and Dexter Boncamper, general manager of the Nevis Housing and Land Development Corporation (NHLDC) to terminate the financial grant offered to Eustace Nisbett and his employment as general manager of the (NHLDC) in 2013.
Nisbett, who has since become a British-trained lawyer went to Court seeking a judicial review of the decisions of Jeffers and Boncamper.
In an April 12, 2019 judgment, Justice Moise ruled that the termination of the financial assistance granted to Nisbett by the NIA as contained in the letter dated 13th February, 2013, “is ultra vires, null and void and of no effect.”
The judge also quashed the decision of minister Alexis Jeffers to terminate the financial assistance granted to Nisbett by the Cabinet of the Nevis Island Administration.
The decision of the second defendant, Dexter Boncamper to dismiss Nisbett from his contract of employment as general manager of the NHLDC was deemed “a breach of the rules of natural justice and is therefore unlawful, null, void and of no effect.”
Justice Moise also issued an order of certiorari quashing the decision of Boncamper to dismiss Nisbett from his contract of employment.
The judge ruled that Nisbett is entitled “to all or any disbursements, salary payments and other remuneration lawfully due and owing to him (Nisbett) by virtue of his contract of employment and the grant of financial assistance approved by the Cabinet of the Nevis Island Administration.”
Nisbett is also entitled to damages and “is at liberty to file an application for the assessment of those damages” and “may include further submissions on the issue of whether vindicatory damages ought to be awarded to him on the facts of the case and if so how much is to be awarded.”
Mr Eustace Nisbett was represented by Mr Patrice Nisbett.
Mr Terrance Byron and Farida Hobson represented Messrs Alexis Jeffers and Dexter Boncamper.