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Court of Appeal dismisses the plaintiff's appeal against the High Court's refusal to grant interlocutory injunctive relief, which sought to prevent the third and fourth defendants from using or registering ownership of a commercial property. where the plaintiff had claimed that his signatures on credit agreements were forged and that the defendants were on notice of this fraud, on the grounds that: there was no serious issue to be tried regarding the defendants' awareness of the alleged fraud, and the balance of justice favored the refusal of injunctive relief, considering factors such as the adequacy of damages, the plaintiff's delay in seeking relief and the third and fourth defendants' registration as full owners of the property.
interlocutory injunction - fraudulent signatures - property sale - mortgagee - power of sale, - commercial property - Court of Appeal - High Court - injunctive relief - balance of justice - adequacy of damages - delay - property registration - notice of fraud -serious issue to be tried - constructive notice - registered land - Conveyancing Acts - Registration of Title Act 1964 - lis pendens - beneficial ownership - mortgage deed - power of sale - fraudulent paperwork - purchaser's duty of inquiry.
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