Mitchell v Quarry Hill Sand Gravel Company Ltd

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, J.
• Judgment Date: 12 December 1980
• Docket Number: Action No. 232 of 1982
• Date: 12 December 1980

Supreme Court

Moe, J.

Action No. 232 of 1982

Mitchell

and

Quarry Hill Sand Gravel Co. Ltd.

Mr. P. Zuniga for the plaintiff/applicant

Mr. G. Godfrey for the defendant

Injunction - Application for injunction to restrain defendants from disposing by sale or otherwise of certain goods — Application not granted — Plaintiff must show a specific right in the property.

Moe, J.

1 In this matter the plaintiff seeks an order that the defendants be restrained by injunction until judgment in the action or further order from disposing by sale or otherwise of certain goods which the plaintiff, in an affidavit supporting this application, says belongs to the defendants.

2 The principles to be followed in deciding whether or not an interlocutory injunction is to be granted are set out in 21 Halsbury Laws (3rd Edition) pp 364 to 368 and in various cases. It appears that to establish the right to an injunction the applicant must establish a strong or clear prima facie case. In Smith v Grigg Ltd. (1924) 1 K.B. at 659 Lord Atkin stated “A plaintiff who applies for an interlocutory injunction...