THANDI v SAGGU

THANDI v SAGGU

The risk of injustice to Mrs Thandi if the injunction is refused outweighs the risk to Mr Saggu if it is granted, given the undertakings offered by Mrs Thandi to redeem the MT Finance charge and sell 8 Heather Drive if required. The balance of convenience favours granting the interim mandatory injunction to remove the unilateral notice, pending trial.

Parties
Claimant: Mrs Thandi; Defendant: Mr Saggu
Jurisdiction
England and Wales
Judgment Date
02 September 2021
Procedural Posture
Civil / Interlocutory Application for Interim Mandatory Injunction
Outcome
interim mandatory injunction granted
Legal Topics
Interim Injunctions, Specific Performance, Unilateral Notice, Balance of Convenience, Adequacy of Damages, Undue Influence, Rescission, Estoppel
Property Law Contract Law Civil Procedure Interim Injunctions Specific Performance Unilateral Notice Balance of Convenience Adequacy of Damages +3 more

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Parties

Mrs Thandi

Claimant

Mr Saggu

Defendant

Procedural Posture

Civil / Interlocutory Application for Interim Mandatory Injunction

Legal Issues

  1. 1 Whether an interim mandatory injunction should be granted to remove a unilateral notice on the charges register for Parkside Parade property
  2. 2 Whether there is a serious issue to be tried regarding the validity of the contract for sale
  3. 3 Whether damages are an adequate remedy for either party

Ratio Decidendi

The risk of injustice to Mrs Thandi if the injunction is refused outweighs the risk to Mr Saggu if it is granted, given the undertakings offered by Mrs Thandi to redeem the MT Finance charge and sell 8 Heather Drive if required. The balance of convenience favours granting the interim mandatory injunction to remove the unilateral notice, pending trial.

Court Disposition

interim mandatory injunction granted

Orders

  • Removal of the unilateral notice on Parkside Parade property pending trial
  • Claimant to provide undertakings not to dispose of Heather Drive or Parkside Parade and to redeem MT Finance charge if specific performance is ordered