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    Application For Interim Injunction

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    Business Law Group CUSB
    A owns a house with a window that provides light and air to a room. A has enjoyed this easement for 30 years. B owns the adjacent house and is raising its height, which A fears will block the light and air. A filed a lawsuit claiming a right to the easement and is seeking an interim injunction to prevent B from interfering while the suit is pending. This summary provides the application for the interim injunction on behalf of A against B to restrain B from raising the house until the court can hear the matter.

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    Application For Interim Injunction

    Uploaded by

    Business Law Group CUSB
    274 views2 pages
    A owns a house with a window that provides light and air to a room. A has enjoyed this easement for 30 years. B owns the adjacent house and is raising its height, which A fears will block the light and air. A filed a lawsuit claiming a right to the easement and is seeking an interim injunction to prevent B from interfering while the suit is pending. This summary provides the application for the interim injunction on behalf of A against B to restrain B from raising the house until the court can hear the matter.

    Original Title

    APPLICATION FOR INTERIM INJUNCTION

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    A owns a house with a window that provides light and air to a room. A has enjoyed this easement for 30 years. B owns the adjacent house and is raising its height, which A fears will block the light and air. A filed a lawsuit claiming a right to the easement and is seeking an interim injunction to prevent B from interfering while the suit is pending. This summary provides the application for the interim injunction on behalf of A against B to restrain B from raising the house until the court can hear the matter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    274 views2 pages

    Application For Interim Injunction

    Uploaded by

    Business Law Group CUSB
    A owns a house with a window that provides light and air to a room. A has enjoyed this easement for 30 years. B owns the adjacent house and is raising its height, which A fears will block the light and air. A filed a lawsuit claiming a right to the easement and is seeking an interim injunction to prevent B from interfering while the suit is pending. This summary provides the application for the interim injunction on behalf of A against B to restrain B from raising the house until the court can hear the matter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    APPLICATION FOR INTERIM INJUNCTION:

    1. A and B are owners of adjacent house. A’s house is higher than that of B. Through a
    window in a room on the upper storey on his house. A has enjoyed, without interruption, light
    and air for 30 years peaceable as an easement. B starts to raise his house. A apprehends that
    the light and air enjoyed by him through the window will be cut off, if B allowed to raise his
    house. A file a suit against B claiming a right of easement of light and air through the window
    and an injunction restraining B from raising his house or interfering with his right to light and
    air in any other manner. A want to apply for an interim injunction against B pending the suit,
    draft the necessary application on behalf of A.

    Judicial Officer(s):

    The Honourable Justice …………………………………………….

    His/her Honour Judge …………………………………………….

    [Master of the Supreme Court]

    Master …………………………………………….

    Date of application: [15/10/2020]

    Application made by: [A]

    Date(s) of hearing [if any]: [20/10/2020]

    Date of order: [25/10/2020]

    Appearances: Solicitor/Counsel for the Plaintiff(s).

    Recitals [if any]

    Undertaking [if applicable]: [The Plaintiff (s) by [his/her/its/their] solicitor/counsel


    undertaking to:

    (a) submit to such order (if any) as the Court may consider to be just for the payment
    of compensation, to be assessed by the Court or as it may direct, to any person (whether
    or not a party) affected by the operation of the interlocutory order or undertaking or any
    continuation (with or without variation) of the order or undertaking; and

    (b) pay the compensation referred to in (a) to the person or persons referred to in the
    order.

    [By Consent] THE COURT ORDERS that:

    1. Until [26/10/2020] at [time] the Defendant (s) (whether by


    [himself/herself/itself/themselves] or by [his/her/its /their] agents or employees) be restrained
    from [here state with the utmost precision the act or acts to be restrained].

    OR

    1. The Defendant (s) do, within [No] days of the date of service of this order on
    [him/her/it/them], remove or cause to be removed ………... [or as the case may be, stating
    with the utmost precision the act being commanded].

    2. The Defendant (s) be at liberty to apply upon 24 hours' notice in writing to the Plaintiff(s)
    to dissolve or vary this injunction.

    3. This order with the endorsement required by Rule 84.04 (3A) of the Supreme Court Rules
    be forthwith served personally on the Defendant (s) and on [where necessary, set out the full
    names and addresses of any other persons required to be served].

    4. The question of costs be reserved for further consideration.

    5. Further consideration of the application herein be adjourned to [25/10/2020] at [time].

    6. The parties may apply for further orders and directions.

    [Other text, if applicable]

    [Fit for counsel, if applicable]

    This order is authenticated by……………………………

    for Registrar

    Computer File Reference…………………………………

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