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Citation
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Judgment date
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| December 2020 |
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Interlocutory injunction dismissed due to material non-disclosure and misrepresentation by the claimant.
Civil procedure – interlocutory injunction – Order 10 r.27 CPR – three-part test (serious question to be tried; inadequacy of damages; where justice lies) – duty of full and frank disclosure – material non-disclosure fatal to injunction – adverse possession and public land.
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23 December 2020 |
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Interlocutory injunction refused where competing title claims and factual disputes made interlocutory relief inappropriate.
Interlocutory injunctions – Order 10 r.27 CPR – serious question to be tried – adequacy of damages in land disputes – balance of convenience – competing title deeds – cautions against deciding factual title conflicts on affidavit.
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22 December 2020 |
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Interlocutory injunction refused where disputed ownership and longstanding cultivation justified maintaining the status quo.
Civil procedure – Interlocutory injunctions – Requirements: serious question to be tried; damages inadequate for land; balance of convenience/status quo – Effect of longstanding occupation and cultivation.
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22 December 2020 |
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Interlocutory injunction maintained to preserve status quo over disputed land pending trial due to serious issue and inadequate damages.
Interlocutory injunction — serious question to be tried — adequacy of damages for real property — balance of convenience — sale procured by duress/fraud — nemo dat quod non habet (cannot sell what one does not own) — maintenance of status quo; restraint on encroachment, sale and disposal of disputed land.
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21 December 2020 |
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18 December 2020 |
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18 December 2020 |
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7 December 2020 |
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4 December 2020 |