Corey Valentino Cooper v Bahamas National Trust

• Jurisdiction: Bahamas
• Judge: Hanna-Adderley, J
• Judgment Date: 30 December 2024
• Docket Number: 2024/CLE/gen/00154
• Court: Supreme Court (Bahamas)

Between

Corey Valentino Cooper

1st Claimant

and

Lucayan Beach Spot

2nd Claimant

and

Gold Rock Beach Water Sports

3rd Claimant

and

Bahamas National Trust

1st Defendant

and

Lakeshia Anderson-Rolle

2nd Defendant

and

Ellsworth Weir

3rd Defendant

and

Joanna Parker

4th Defendant

and

Bradley Pinder

5th Defendant

BEFORE:

The Honourable Petra Hanna-Adderley

2024/CLE/gen/00154

IN THE SUPREME COURT

Common Law and Equity Division

APPEARANCES:

Miss Pleasant Bridgewater for the Plaintiffs

Miss Berchel Wilson for the Defendants

RULING

Hanna-Adderley, J

This is an application for an interlocutory injunction by the Plaintiffs

Introduction

1 The Plaintiffs by way of a Notice of Motion filed September 10, 2024 make an application pursuant to Part 17.1 of the Supreme Court ( Civil Procedure) Rules (“CPR”) for an Order that the Defendant, his agents, servants or employees cease from interfering with the Claimant's quiet enjoyment as a Vendor on the premises known as Gold Rock Beach at Lucayan National Park, until the matter herein is determined by the Court; from blocking up or obstructing or permitting to be blocked up or obstructed the Claimants' access to the Gold Rock Beach at Lucayan National Park; from making threatening telephone calls to the 1st Claimant; from harassing and attempting to intimidate the Claimants by having police officers by telephone calls and visitation threaten the 1st Claimant of being arrested and imprisoned; from further publishing letters or other memos or any documents whatsoever containing misrepresentations and malicious statements against the Claimants; and inter alia from interfering with the Claimants' operation of their business.

2 The Claimants filed a Standard Claim Form on 11 September 2024, the particulars of which are as follows:

AND THE CLAIMANTS claim:

• (l) Damages

• (2) Reinstatement of their permission to operate on the premises

• (3) An injunction restraining the Defendants from removing the Claimants from the premises

• (4) Costs; and

• (5) Such further or other relief as deem just to the Court.

• 1. That the 1st Claimant is a 37 year old Bahamian male resident of East Grand Bahama and at all material times was and remains the Proprietor, sole owner and operator of the 2nd and 3rd Claimants.

• 2. That at all material times the Claimants were duly licensed and doing business mainly from premises known as Gold Rock Beach at Lucayan National Park (hereinafter called “the Premises”) located in East Grand Bahama District.

• 3. The 1st Defendant at all material times managed the premises.

• 4. The 2nd Defendant was at all material times the Executive Director of the 1st Defendant.

• 5. The 3rd Defendant was at all material times Director of Parks on behalf of the 1 ^st Defendant.

• 6. The 4th Defendant was at all material times Grand Bahama Parks Manager on behalf of the 1 st Defendant.

• 7. The 5th Defendant was at all material times Deputy Warden assigned to the Lucayan National Park which included the premises by and on behalf of the 1st Defendant.

• 8. That in 2022 the Claimants were granted permission to operate the business on the Premises, which said business includes offering a combination of water sports activities, rental of beach items such chairs and umbrellas together with the sale of freshly barked Bahamian style coconut water and an assortment of juices. The business offers to tourists and visiting natives the added flavour and flair of The Bahamas' unique and authentic cultural experience.

• 9. That in reliance on the permission granted and being excited about the prospect of becoming a well-established entrepreneur, the 1 ^st Claimant, in order to enhance the business invested all of his savings together with obtaining a loan from Fidelity Bank Bahamas Ltd. in the sum of almost $20,000.00.

• 10. Having confidence in his ability to generate income and promote the success of the business, the 1 st Claimant relied on and committed the anticipated proceeds of the business store pay the loan, maintain the business, his infant child and himself.

• 11. That on August 8, 2024, much to the Claimants' dismay and surprise without prior warning or notice, a letter was received from the Defendants and each of them through their directors, officers, servants, workmen, contractors or agents under the signature of Mr. Ellsworth Weir, demanding that within 5 days the Claimants vacate the premises failing which the 1st Claimant would be considered trespassing and forcibly removed from the premises.

• 12. That subsequent to receiving the said letter from the Defendants the 1st Claimant on behalf of himself and the other Claimants on the same date sought legal advice whereupon a letter addressed to the 4 ^th Defendant, Mr. Ellsworth Weir, Director of Parks of the 1 ^st Defendant, was sent to the Defendants requesting reconsideration.

• 13. That on the 5 ^th September, 2025, the 1st Claimant was again shocked and devastated when he received a copy of a letter dated September 4, 2024 from the Defendants addressed to Bridgewater & Co. and signed by the 4 ^th Defendant, the said Ellsworth Weir stating that their decision remained unchanged and that the 1 ^st Claimant was to vacate the premises by Sunday, which would have been within 4 days.

• 14. That the letter dated September 4, 2024 stated 3 reasons why the Claimants were to vacate the premises.

• 15. That the 3 reasons listed require further explanation, however, the Claimants were not given an opportunity to be heard.

• 16. The Claimants deny that the facts are as stated in the letter. They are a misrepresentation of what happened.

• 17. The Claimants are of the opinion that the 3 ^rd, 4 ^th and 5 ^th Defendants seem to have a personal vendetta against their business as they seem to be doing everything that they can to get rid of the Claimants from the premises notwithstanding that the business offers much enhancement to the visitors' Park experience and is uniquely and authentically 100% Bahamian.

• 18. That in the circumstances the Claimants seem that they are being unfairly removed from the premises on unsubstantiated and which even if they were (which are denied) can be easily remedied.

3 The Lease Agreement states as follow:

AGREEMENT BETWEEN

THE BAHAMAS NATIONAL TRUST

LUCA YN BEACH SPORT COMPANY

Parties

This agreement between the Bahamas National Trust (BNT) and Lucayan Beach Spot (LBS) made as of May 5th, 2023, is by and between Cory Valentino Cooper, proprietor of Lucayan Beach Spot company and The Bahamas National Trust .

Recitals

Whereas this agreement is made to establish the terms between The BNT and LBS for the sales of coconuts, soft drinks, chairs and umbrellas, grilled food and non-motorized water sports .

TERMS AND CONDITIONS

TERMS

The term of this agreement begins 1 business day after signing .

• 1) BNT will construct a structure on Gold Rock Beach of which a portion will be utilized for LBS to conduct business front and to store and secure items. It is anticipated that construction of this structure will be completed by August 2023.

• 2) LBS has 1 year lease to operate and conduct such said business at Goad Rock Beach, Lucayan National Park, Grand Bahama Highway, Grand Bahama. It is foreseen that this lease will be renewed annually.

• 3) It is expected that LBS will keep all relevant government issued licenses and permits up to date and will present same upon renewal to be BNT for record keeping.

• 4) After the first year of operations an evaluation of profits will be conducted by the BNT to determine what adjustments to the leaseholder fee may be necessary. Additionally, the construction of the aforementioned infrastructure will likely result in an increase in the leaseholder fee. During the first year an annual membership fee will be paid for every employee of LBS in addition to a monthly lease fee of $200.00 to the BNT due on the 30 ^th of each month.

The Lease Agreement was signed by Mr. Cooper and Mr. Ellsworth Weir, Director of Parks.

4 The letter dated 8 August, 2024 from Mr. Weir to Mr. Cooper states:

Termination of Business Agreement

Dear Mr. Cooper ,

Upon reviewing the renewal of our business agreement, which expired on May 1 ^st, 2024 upper management has decided not to extend your contract. You are granted a period of 5 days from the delivery of this letter to remove your personal belongings and clean the area you occupied .

Please be advised that failure to remove your personal items within this timeframe will be considered trespassing and may result in legal consequences .

We wish you the best in your future endeavours .

5 The letter dated 4 September, 2024 from Mr. Weir to Ms. Shavanya Roberts states:

Re: Corey Valentino Cooper

Dear Ms. Roberts ,

Please be advised that BNT's Executive Leadership Team and legal advisors have reviewed the matter concerning Mr. Valentino Cooper's operation at Lucayan National Park, located within the port area of Freeport, Grand Bahama. Our decision to not extend a contract to Mr. Cooper remains unchanged considering the following reasons:

• 1. Illegal Fishing. Mr. Cooper was observed fishing in a designated no fishing area of the park, an action that directly violates park regulations. The presence of clear no fishing signage further underscores the violation of the law.

• 2. Littering and Waste Disposal: Mr. Cooper has repeatedly discarded trash and garbage in restricted areas of the park, despite the presence of signage indicating that the area is restricted for sand dune restoration. This not only detracts from the park's natural beauty, but it also poses a risk to the environment and park wildlife.

• 3. Interference with Enforcement: On at least 2 occasions, Mr. Cooper brought an uncontrolled dog into the park, which in one instance resulted in the dog biting a visitor. When the Park Warden attempted to investigate the incident as part of his duties,...