[2025]DLHC18426 • March 28, 2025 • High Court
EL PREMIER CONSTRUCTION LTD vs. R.C.M. PROPERTIES LTD & LANDS COMMISSION
The Plaintiff, El Premier Construction Ltd, filed an application for an interlocutory injunction against the Defendants, R.C.M. Properties Ltd and the Lands Commission, seeking to restrain actions relating to disputed land. The Plaintiff claimed an equitable interest based on a Memorandum of Understanding with the Government, asserting that the land was earmarked for redevelopment and under administration of the Ministry of Works and Housing, requiring their consent before leasing. The 1st Defendant claimed legal title by leasehold deed and land certificate, while the 2nd Defendant denied the Plaintiff's interest and maintained its statutory mandate over the land.
read moreJUDGMENT The Plaintiff/Applicant (hereinafter called “The Applicant”) filed the instant application for Interlocutory Injunction against the 1st Defendant/Respondent (hereinafter called “The 1st Respondent”) and the 2nd Defendant/Respondent (hereinafter called “The 2nd Respondent”). The instant application is supported by a 20-paragraph Affidavit dated 17th December 2024 and a Supplementary Affidavit dated 13th February 2025 deposed to by Gloria William-Fletcher. In opposing the instant application, the 1st Respondent filed a 13-paragraph Affidavit in Opposition dated 21st January 2025. Likewise, the 2nd Respondent filed a 36-paragraph Affidavit in Opposition dated 29th January 2025 and a Supplementary Affidavit in Opposition dated 10th March 2025. ANALYSIS AND DECISION I will now determine the merits of the instant application. Order 25 Rule 1(1)-(4) of the High Court (Civil Procedure) Rules, 2004 (CI.47) states as follows: (1) The Court may grant an injunction by an i...