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High Court, in proceedings concerning an application for interlocutory relief, as well as ancillary orders, in which the plaintiff receiver seeks possession of property subject to a charge, refuses the reliefs sought, on the grounds that: it was clear that the plaintiff brought proceedings for possession for the sole purpose of selling the property, a power which the receiver does not enjoy under statute; and it was therefore an attempt to acquire summary judgment by way of an interlocutory injunction.
Interlocutory injunction application - application for interlocutory relief for possession of a property – ancillary orders sought – preventing the defendants from impeding and/ or obstructing the plaintiff from taking possession – ordering defendants to deliver up to the plaintiff forthwith any keys, alarm codes and/ or other security and access devices in their possession – restraining them from collecting rents or otherwise holding themselves out as the party entitled to let the property – power of the receiver to enter into possession - it is quite clear from the plaintiff’s affidavit that the proceedings are brought solely to achieve the sale of the property – receivers powers - It is, therefore, an attempt to obtain summary judgment by way of an interlocutory injunction – reliefs refused.
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