Notice of Application for Interim Injunction

Notice of Application for Interim Injunction Form 7 [(Rule 11.8(3)]

In the Supreme Court of Judicature of Jamaica

Claim No. 2013 HCV 03512

Between

Stanford Grizzle                                               First Applicant/Claimant

John Wong                                                      Second Applicant/Claimant

Garfield Daley                                                  Third Applicant/Claimant

AND

United Pentecostal Church of Jamaica         Defendant/Respondent

The applicants/claimants Stanford Grizzle, John Wong and Garfield Daley, Ministers of Religion seek the following order under Part 17, CPR 2002:

An Interim Injunction restraining the Defendant/Respondent its servants and/or agents from:

  1. Entering, staying or using the premises located at 1 Renfield Avenue, Kingston 20 in the parish of Saint Andrew except with the express permission of the Claimants;
  2. Obstructing and/or interfering with the entrance and/or exit to and from (the premises); and;
  3. Obstructing and/or interfering with the activities of the Claimants on the premises in any manner howsoever, whether by itself, its servants, agents or otherwise.

The grounds on which the Applicants/Claimants are seeking this order are:

(i)             The Applicants/Claimants (the Applicants) are claiming a beneficial interest, in the premises on the basis of a constructive trust and/or that the Respondent/Defendant (the Respondent) is estopped from asserting its legal title and denying the interest of the Applicants who have spent millions of dollars on capital improvements to the premises during which time the Respondent has spent none.

(ii)            The Applicants currently use the premises (and have been doing so for over 32 years) to host weekly church services and to offer several charitable and social outreach services to the surrounding communities, preserving the status quo would allow the Applicants to continue these religious and charitable activities without causing the Respondent injustice.

(iii)           The Respondent on May 29, 2013 served on the Applicants Notice to Quit and Deliver up possession of the premises and chattels therein, which Notice expired June 12, 2013.

(iv)          The Applicants have been informed that following the expiration of the Notice the Defendant intends to impose a Pastor on the congregation at the Faith Apostolic Ministries from Sunday, June 16, 2013.

(v)           The uniqueness of the real property which is the subject of the dispute would make damages an inadequate remedy if the Applicants succeed at trial, in the circumstances the grant of an interim injunction would cause no or less injustice to the Defendant but would cause severe injustice to the Applicants if the request for injunction is refused.

The Applicant estimate the likely length of the hearing to be:

One (1) Hour

The Applicants rely on their affidavits filed in support of their Applicants for an interim injunction.

A draft order is attached.

NOTICE:

This Application will be heard by a Judge in Chambers on the       day

of       2013 ad the Supreme Court, Kings Street, Kingston at       in

the morning/afternoon.  If you do not attend this hearing either personally

or by attorney-at-law an order may be made in your absence.

Notice of this application is being given to:

THE UNITED PENTECOSTAL CHURCH OF JAMAICA

45 EASTWOOD PARK ROAD

KINGSTON 10

Dated the 12th day of June 2013

 

 

 

 

 

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