[2017]DLHC4153 • September 29, 2017 • High Court
ELVISCO FARMS vs. KENNEDY TWI & SONS AND ANOR
The applicant sought a mandatory injunction restraining the Registrar of the court from releasing funds to the respondent, who was the judgment debtor. The application was supported by affidavits, while the respondents opposed it and raised a preliminary legal objection on the competence of the application, arguing that the applicant was not a party to the original suit and that a statement of case was not attached as required by the rules.
read moreThis is a motion on notice for an order of mandatory injunction directed at Registrar of the court and restraining him from releasing to the respondent the outstanding balance of cash standing to the credit of the respondent/judgment debtor herein. The grounds of the application are contained in the affidavit in support and supplementary affidavit in support of the motion (i.e. response to affidavit in opposition) filed on 7/09/2017 and 25/09/2017 respectively. The Respondents are opposed to the application and have demonstrated the grounds in the affidavit in opposition filed on 13/09/2017. As part of his submissions to the court, Counsel for the Defendants/Respondents have raised a preliminary legal objection which borders on the competence of this application. He submitted that the application is incompetent since per Order 25 rule 1 (2) of CI 47 an application for injunction can only be brought by a party to a suit and that the applicant is not a party to the original action. He...