Possession warrant upheld despite challenge over validity

The High Court refused to direct a trial of a preliminary issue regarding the validity of a warrant used to evict a woman and her family from their residence. The plaintiff, who had lived in the property for nearly two decades without a legal interest or title, challenged the warrant after the fourth defendant took possession and handed it over to Promontoria. The court found that the legal question of the warrant's validity could not be separated from the disputed factual circumstances surrounding its issuance. As such, a preliminary trial would not result in time or cost savings, and the plaintiff's application was refused. The court emphasised that even if the warrant were found invalid, it would not necessarily entitle the plaintiff to a remedy due to the existence of a valid possession order and the plaintiff's lack of legal interest in the property.