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High Court accedes to an application for interlocutory injunctive relief requiring the defendants to surrender premises over which the plaintiffs hold a mortgage, on grounds that: a) an error in the schedule to a deed of transfer was typographical in nature and could be rectified; and b) the plaintiffs had a strong case that likely to succeed at a full hearing.
Plaintiff seeking interlocutory injunction requiring Defendants to surrender premises over which the Plaintiffs hold a mortgage – Second and Third Plaintiffs receivers of mortgage charge - premises now occupied by persons unknown to the Plaintiffs and was let by the First Defendant to a person who has now caused fifteen people to occupy the premises – reliefs sought by Plaintiff mandatory in nature and thus Court must assess if the Plaintiff has a strong case – Defendant claims they do not due to error regarding date of mortgage charge which they claim invalidates appointment of receiver – not the case – error typographical in nature and insufficient – Plaintiffs have discharged onus to show a strong case – Court prepares to order injunctive relief - counsel to be heard on precise orders to be made.
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