Five boat captains who moor their vessels at SafeHaven have filed a Grand Court writ for an injunction to prevent construction work at the site barring their right of way to their boats.
Doey Kelly, Frank Ebanks, Dave Kelly, Bryan Ebanks and Darney Kelly filed the writ of summons on Monday, 10 September, against developer Michael Ryan’s Fujigmo Limited, the Port Authority of the Cayman Islands and the territory’s attorney general.
Construction at the site for preparations to build a new Port Authority marina began late last month. Last month, the Port Authority and Mr. Ryan separately issued notices to the boat operators to vacate the area. While some of the boat owners who use the site moved to two interim sites nearby, a number of others, including the men who have filed the writ, remain there.
The boat captains are calling for an injunction to prevent Mr. Ryan’s company from “preventing or hindering” them having access to SafeHaven and its docking facilities and an injunction to restrict the developer or the Port Authority from proceeding with construction or other works that would deprive the boat operators of their right of access and use of the site.
The writ also outlines declarations claimed by the five boat operators that they, their staff, agents or licensees are entitled to a right a way on foot and by vehicle from Turnberry Drive to SafeHaven; that they are entitled to a right of passage from the open sea to the docking facilities at SafeHaven for their boats at all times for the purposes of their boating business; that Fujigmo is a “constructive trustee having the duty to protect and preserve the plaintiffs’ rights of way and access” to SafeHaven; and that each is entitled to access and rights of way to SafeHaven by virtue of “a proprietary estoppel”, which in basic terms refers to when a person makes a promise to another, which the second person relies on, and in relying on the promise suffers some sort of detriment.
The group is also claiming damages.
The Port Authority and Mr. Ryan’s company issued notices to the boat operators to leave SafeHaven in August to make way for the construction of a new Port Authority marina, as per an agreement signed between Fujigmo, Cesar Hotelco (Cayman) Ltd., the Port Authority and the Governor of the Cayman Islands in 2009.
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