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The High Court awards the plaintiffs their costs for both the interim and interlocutory injunctions that prevent the defendants from taking possession or selling the plaintiffs' lands. The court found it unreasonable for the defendants to contest the injunction application given the serious questions raised, including the potential operation of the Statute of Limitations. The original decision to grant the injunction was affirmed, with the court emphasising the plaintiffs' success in a "hard-fought" application and the unjust nature of withholding costs at this stage.
interim injunction, interlocutory injunction, costs application, Rules of the Superior Courts (RSC), Legal Services Regulation Act 2015, Statute of Limitations, mortgagee's rights, receiver appointment, due date, loan offer letter, demand for payment, statutory barred, conduct of proceedings, reasonable contest, plaintiffs' success, unjust enrichment, award of costs.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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