Alexander House Incorporated v The Salvation Army

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. HCV 04076 OF 2014
BETWEEN ALEXANDER HOUSE INCORPORATED CLAIMANT
AND THE SALVATION ARMY DEFENDANT
Mr. Abraham Dabdoub & Ms. Karen Dabdoub, instructed by Dabdoub, Dabdoub & Co.
for the claimant.
Mr. Emile Leiba & Mr. Courtney Williams, instructed by DunnCox for the defendant.
Inter-partes Application for Interlocutory lnjunction - Alleged Breach of
Agreement - Whether Terms of Agreement Are As Alleged by Claimant or
Defendant - Serious Question to be Tried - Whether Damages an Adequate
Remedy - Whether Material Non-Disclosure at Ex-parte Application for Interim
lnjunction - Whether Grant or Refusal of lnjunction would be Effective End of
Matter - Whether Condition to be Imposed on Grant of lnjunction.
IN CHAMBERS
Heard: October 17, 24 & 30, 2014.
Coram: F. Williams, J.
Background
[II]n this matter, the claimant seeks an injunction from this court in the following terms:.
"restraining the defendant, whether by itself, and/or its
agents, employees or servants from posting any
advertisement, public no fice, or any other signage
whatsoever on behalf of any third party, or any other