A couple fighting a legal battle with United Bermuda Party MP Maxwell Burgess over a house yesterday won the right to stay in the property until the matter is resolved.

Amon and Dawn Brown are suing Mr. Burgess for breach of contract, alleging he reneged on a deal to sell them the house in Longridge Pass, Devonshire, which they were renting from them.

Mr. Burgess later sold the house to his nephew Jamal, who is trying to evict the Browns from the property.

Last year, Puisne Judge Norma-Wade-Miller said the Supreme Court should set a date to resolve the matter. In the meantime, the Browns are paying rent to the court hold until the issue is sorted.

Jamal Burgess took the Browns to Magistrates Court yesterday to try to get them evicted so he can move his family into the house.

But Magistrate Edward King said he could not deal with the question of possession of the house until the dispute with the Browns is completed.

Jamal Burgess's lawyer Larry Scott said: "The property which they are in at present, they were intending to rent to buy from Maxwell Burgess.

"It did not go through and Maxwell Burgess sold it to his nephew. If the Browns want to take an action, it is for damages (against Maxwell Brugess), not for the taking of the house, because the property is in the hands of Jamal Burgess.

"My client owns the property and he requires it as soon as he can. I have some sympathy for the Browns, but their action is against Maxwell Burgess for breach of contract, if they can establish it.

"My client is having to pay rent on another property and he is not getting any rent (on LongridgePass) because the rent is going to the Supreme Court.

"Even if the Browns win their claims against Maxwell Burgess for breach of contract that he failed to honour a contract to sell the property, what they will get from Maxwell Burgess is a sum for inconvenience suffered because of the breach of contract, but that does not come back to Jamal Burgess."

But Mr. King said: "The matter is tied up in the Supreme Court and the applicant (Jamal Burgess) should make his application before a Supreme Court Judge."