High Court Dismisses Claim Against Gwen’s Kitchen

Earlier this week, the High Court handed down a decision in which it dismissed a claim brought against the proprietors of Gwen’s Kitchen here on Coney Drive.  As we’ve reported, several lawsuits were filed by Ethel Thompson, a resident and business owner, against Tiffany Cadle and three other food vendors who operate from stalls erected on the road reserve along Coney Drive.  Attorney Andrew Bennett explains the judgment handed down by Justice Genevieve Chabot.

Andrew Bennett

Andrew Bennett, Attorney-at-law

“On Monday, her honor, Genevieve Chabot handed down her decision in the claim between Ethel Thompson and Tiffany Cadle and Kenyon Flowers.  That decision, including the Belize City Council as parties, that decision vindicated our clients.  The claim was dismissed with cost to them.”

Isani Cayetano

“Walk us through the decision and perhaps how the judge arrived at the conclusion to dismiss the claim.”

Andrew Bennett

“Essentially, the claim was brought under the tort of nuisance and what the claimant was seeking was damages, including an injunction restraining our clients from conducting their business at Gwen‘s Kitchen Number Two.  It involved a lot of allegations which were pleaded in their claim, some of which included that the patrons, they prevented them from ingressing and egressing their property and it included that there were noxious smells of feces emanating from the premises.  And in addition to that, what they were saying is that in that regard their tenants and their licensees were disturbed and the claimant herself was disturbed in the use and enjoyment of their property.  That required proof and what happened in trial was that the claimant and her witnesses failed to establish on a balance of probabilities that those allegations that they made against our clients were true.”