High Court, in proceedings where the Plaintiff claims he has been defamed by the Defendants who, he says, have made false allegations in relation to his failure to pay his mortgage and have threatened to trespass on his property, following the appointment of a receiver, refuses motions issued by the Plaintiff seeks an interlocutory injunction preventing the Defendants from defaming the Plaintiff while the proceedings are ongoing, and seeking on order for contempt for failure to comply with court order delivering replying affidavits, finding that the Orders sought by him were based on misunderstandings regarding the legal effect of issuing proceedings, and of the scope of the jurisdiction to find a litigant in contempt of court; but the court makes no order as to the costs of the motions in circumstances where, had the Defendants written to the Plaintiff to clarify matters, these motions would not have been necessary.
Plaintiff claims he has been defamed by the Defendants who, he says, have made false allegations in relation to his failure to pay his mortgage and have threatened to trespass on his property - three motions before court - first motion seeks an Order for Contempt by the Defendants who, it is alleged, continued to defame the Plaintiff while the proceedings were ongoing - second motion seeks an interlocutory injunction preventing the Defendants from defaming the Plaintiff while the proceedings are ongoing - third motion also seeks an Order for contempt, on two grounds: First, that the Defendants have harassed the Plaintiff’s home and occupants contrary to the Court Rules that they not interfere with these ongoing proceedings; and second, for failing to comply with a Court Order regarding delivery of replying affidavits - proceedings in apparent response to the appointment of Receiver - Orders sought are based on misunderstandings regarding the legal effect of issuing proceedings, and of the scope of the jurisdiction to find a litigant in contempt of court - had the Defendants written to the Plaintiff to clarify matters, these motions would not have been necessary - no Order as to costs on the motions.