Injunction – Application for interim injunction – Whether the threshold test for the grant of an injunction has been met – Whether the applicant has demonstrated on a preponderance of the evidence that there is a serious issue to be tried – Fraud – Whether there is sufficient cogent evidence before the court to establish fraud – Presumption of advancement – Whether the presumption of advancement has been rebutted on the evidence – Balance of convenience – Whether the balance of convenience lies in favour of granting the injunctive relief sought – Damages.
Whether damages are an adequate remedy – Section 49(h) of the Judicature (Supreme Court) Act, Section 11 of the Justices of the Peace Act, 2018, Civil Procedure Rules, 2002, as amended, rule 17.
Case Number
SU 2024 CV 04793
Presiding Judge
Year
Neutral Citation
[2025] JMSC Civ 82
Date of Delivery