AMEN AMENREYNOLDS AMEN vs. CEDAR REAL ESTATE DEV’T LTD

BY COURT: I have looked at the papers and or documents put before me in respect of this application. I have not been persuaded enough that the applicant has a right at law or in equity which this court must protect. This is because the Respondent is in possession of Land Title Certificate to the land The Respondent whiles processing their conveyance would have received notice of prior conveyance of the subject property. This was not the case. They never encountered any encumberance at the time they registered their documents in relation to the subject land. More importantly as a body corporate they have developed the land and are in possession and occupation of same. They will suffer greater inconvenience if the application were granted looking at how the prices of building materials change in this country. On the other hand, if the action were determined in favour of plaintiffs they will have the benefit of being compensated in damages or even putting down all the buildings put...