Attorney-at-law Lalu Hanuman will be asking the Supreme Court to rule in his favour in a case against a popular hotel chain and so set a precedent to allow Barbadians full access to all beaches on the island.
Following a Declaratory Court Action filed more than five months ago against Sandals Barbados Resort and Spa, Hanuman said the maximum 56 days had passed for Sandals to file its defense.
He told Barbados TODAY he was not aware Sandals’ legal representative Lex Caribbean had done such and would therefore be asking the court to award him a default judgment.
Hanuman is claiming that people are being denied access to some sections of Maxwell Beach by the hotel and further charges that it has put up signs which state ‘Only Sandals registered guests permitted beyond this point’.
The lawyer is asking for a Declaratory Judgment that despite part of Maxwell Beach up to the high-water mark being under the legal control of Sandals that the general public has a right of way over that section.
Hanuman explained that under the Civil Procedure Rules of Barbados, Part 34, any party in civil proceedings can ask the other party questions which have to be answered.
He said Lex Caribbean had posed its questions and he had provided answers.
However, Hanuman said no defence had been forthcoming and he would be making an application to the court to award him a default judgment.
“They were supposed to file a defence and I haven’t heard anything from them. If they don’t file a defence I will ask the court for a default judgment whereby I automatically obtain judgment in my favour and even though I say my favour because I am the claimant, it is really in the favour of all Barbadians in terms of them having full access to all parts of all beaches” Hanuman told Barbados TODAY.
“If I succeed here in Maxwell Beach this will set a precedent that can be applied to all beaches so whether you are talking about Crane Beach or the new Hyatt Hotel beach or any other beach, the public will be able to demand the right of way. They can use this as a precedent to argue that all beaches have a right of away even though under the law in Barbados the terrestrial landowner owns up to the high water mark. But that doesn’t obviate the right of way over that part.”
Hanuman also revealed that he had dropped the defamation suit against Sandals.
That suit stemmed from an incident back in 2018, in which Hanuman claimed he got into a confrontation with a Sandals’ security guard while walking his dogs on Maxwell Beach.
Following certain statements by then Sandals’ general manager Ferry Zievinger who claimed Hanuman had spoken “a lot of untruths”, Hanuman filed the suit.
In the suit which was filed in the Supreme Court back in March, Hanuman alleged that Zievinger’s comments caused harm to his reputation and exposed him to public ridicule and or contempt.
In the suit he also claimed damages and costs.
“It was distracting from the essence of the issue in terms of the public having the right of access to all the beaches in Barbados. It was confusing to that issue so I have withdrawn the defamation suit and I am just focusing on the public’s right to access Maxwell Beach,” Hanuman said.
(randybennett@barbadostoday.bb)
