Harini & Co. Pty Ltd V Bajrang Builders Pty Ltd (MA 44/2016) [2016] SCSC 254 (8 April 2016)

Harini & Co. Pty Ltd V Bajrang Builders Pty Ltd (MA 44/2016) [2016] SCSC 254 (8 April 2016)

The applicant has a bona fide claim and will suffer irreparable loss if the interlocutory injunction is not granted; the balance of convenience favors granting the injunction to preserve the status quo pending final determination of the main suit.

Citation
[2016] SCSC 254
Parties
Applicant/plaintiff: Harini & Company (Proprietary) Limited; Respondent/defendant: Bajrang Builders (Proprietary) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 April 2016
Case Number
MA 44/2016
Procedural Posture
Civil / Ruling on Interlocutory Injunction Motion
Outcome
interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Rescission of Lease, Unauthorized Occupation, Special Damages
Source Language
English
Civil Procedure Contract Law Interlocutory Injunction Rescission of Lease Unauthorized Occupation Special Damages

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Parties

Harini & Company (Proprietary) Limited

Applicant/plaintiff

Bajrang Builders (Proprietary) Ltd

Respondent/defendant

Procedural Posture

Civil / Ruling on Interlocutory Injunction Motion

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction to restrain the respondent from unauthorized occupation and activities on the leased premises pending determination of the main suit.

Ratio Decidendi

The applicant has a bona fide claim and will suffer irreparable loss if the interlocutory injunction is not granted; the balance of convenience favors granting the injunction to preserve the status quo pending final determination of the main suit.

Court Disposition

interlocutory injunction granted

Orders

  • Respondent to immediately cease all unauthorized activities on the leased premises Parcels V15933 and V15978 of Providence Mahe, including operating a carpentry workshop, construction depot, and temporary site accommodation for foreign construction workers.
  • Respondent to immediately demolish unauthorized dormitories, corrugated iron sheet hoarding, and corrugated iron sheet store on the parcels.