GH - WALID FAHED VS RAMZY HOMES LTD. & ANOR

Plaintiff/Applicant in this action commenced on 19/07/2018, has endorsed three reliefs namely, declaration of title, perpetual injunction and damages for trespass.

The accompanying statement of claim has the details of the nature of his claim.

The endorsement and pleadings showed that, Applicant has Land Title Certificate covering the plot he is claiming.

Furthermore, on 30/07/2018, Applicant filed the motion under consideration.

It is a motion on notice for an order of interlocutory injunction.

The record showed that, he had earlier obtained an order of interim injunction for a limited period.

I have perused the motion paper, the deposition in support, the annexures and the statement of case.

The documents annexed are: 1. Exhibit ‘WF’ – Land Certificate 2. Exhibit ‘WF1’ series coloured photographs and 3. Exhibit ‘WF2’ – an Order of Interim Injunction dated 23/07/2018. The documentary evidence proffered is corroborative of averments made by the Applicant in support of this application.

It could be gleaned from the facts that Applicant has laid claim to the subject matter, and has produced what is known as an indefeasible title in support of the nature of interest he has in it and how it was conveyed to him.

I agree with Counsel for Applicant on the principles that under-pin, the exercise of the discretionary jurisdiction of this Court as provided for in ORDER 25 of the High Court, Civil Procedure Rules, C. I. 47/04. It is accurate to state that an applicant for an order of interlocutory injunction, must show that there are serious questions to be tried, and the existence of a right to be protected.

The balance of convenience is another factor to be considered.

In a situation where to allow the other party/respondent in the action to continue to do what is sought to be enjoined between him and the applicant, resulting in irreparable injury, a Court of equity will not turn a blind eye.

The Court is also enjoined to determine the status quo and to maintain or alter same to ensure substantial justice to all side in the litigation.

The Defendants/Respondents have been served, but they have failed to file an affidavit in opposition.

Counsel for Respondents was in Court, and admitted that they have been served.

The refusal to oppose the facts put forward by applicants constitute an implied admission of them.

The material parts of those facts have been stated supra.

I am satisfied that on the affidavit evidence applicant has established an interes