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High Court refuses application for interlocutory injunction restraining running of a racehorse, on the grounds that the balance of convenience was against making the order where: (a) if damages were not an adequate remedy for the alleged infringement of one party's property rights then they would not be adequate for the other party either; and (b) any apprehension that the horse would break down catastrophically was not supported by veterinary evidence.
Application for interlocutory injunction by plaintiff - ex tempore judgment - plaintiff operates stud farm - per affidavit evidence on behalf of plaintiff, decision taken by plaintiff to have certain stallion slaughtered and fourth defendant instructed to carry this out - per fourth defendant's evidence he was offered the stallion for sale, bought it and sold it on to third defendant - whether plaintiff entitled to interlocutory injunction restraining third defendant from running the horse.
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