ERNESMAY CHEMIST LIMITED vs. BENIJAX PHARMACY AND PHARMACY AUTHORITY

i. Introduction: [1] Order 25 r 1 of CI 47 stipulates that the court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether or not to grant an order of interlocutory injunction it has been held that the court would consider the justness and convenience of the order . [2] Drawing on the provision of the law cited herein, learned Counsel for the Plaintiff/Applicant to whom I refer simply as the Applicant has filed in this court on November 27, 2018, an application praying for: “… an order restraining the 1st Defendant/Respondent from operating a retail pharmacy in close proximity to the Plaintiff pharmacy pending the final determination of the instant suit herein as per the grounds set out in the accompanying affidavit” ii. The case of Plaintiff/Applicant [3] Speak...