Revised Laws of Saint Lucia (2021)

Section V   Injunctions

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    841.   The application for a writ of injunction is made by petition to the Supreme Court or Judge, supported by affidavit setting forth the facts of the case and containing the necessary conclusions. It may be granted unconditionally, or upon such terms as the Court or Judge may think fit.

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    842.   The Court or Judge may order the issue of the writ ex parte, or may order that the petition be served upon the adverse party before giving judgment thereon. But no injunction shall be granted unless the plaintiff gives an undertaking or security to the satisfaction of the Court or Judge for the payment of any damages which may be caused by the issuing of the writ.

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    843.   The injunction may be granted ad interim or until the further order of the Court or without limitation of time.

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    844.   An additional injunction may be granted upon petitions for such time, and upon such terms as may be deemed reasonable.

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    845.   An injunction may be issued simultaneously with a suit when the conclusions of the action are not inconsistent with the demand for the writ. It may also be granted incidentally in a pending action, without the formality of a writ, upon such terms and conditions as to the Court or Judge may seem fit.

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    846.   The Judge upon the application of the party enjoined may order that the writ or order in the way of injunction be returned immediately.

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    847.   The writ or order in a pending action may be contested in a summary way and independently of the contestation of the principal action.

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    848.   The writ is served as in ordinary cases.

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    849.   The party upon whom the writ is served must be served 5 days before the day upon which the writ is made returnable by the Judge.

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    850.   The writ may issue to restrain

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    (1)   any person unlawfully in possession of any land from doing any work, or causing any property to be demolished or destroyed, on the property of others, or who enters upon property without having fulfilled the formalities prescribed by law;

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    (2)   any corporation from undertaking anything which it is not authorised by law or its charter of incorporation to do;

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    (3)   any person from committing waste upon substituted property;

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    (4)   any person from selling, mortgaging, or deteriorating real property while a possessory or petitory action is pending;

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    (5)   any person unable to pay his or her debts from selling property to defraud his or her creditors;

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    (6)   any person from deteriorating or diminishing the value of a property mortgaged;

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    (7)   any person from selling, mortgaging, or deteriorating any property devised or bequeathed to another;

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    (8)   any person from conveying a title to real estate pending a suit for the specific performance of a contract for the sale or exchange of that real estate;

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    (9)   any party to an action of boundary from cutting down trees in the disputed territory or to take possession of any portion of the same;

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    (10)   any tenant from committing waste or breaking the covenants of the lease or making unauthorised alterations in the property;

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    (11)   the transfer of shares in any corporation or company when such shares belong to minors, interdicted persons, persons legally incapable, or when the ownership of such shares is in dispute;

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    (12)   one or more members of a partnership firm either during the existence of the partnership or after its dissolution from doing any thing inconsistent with the terms of the partnership agreement, or with the duties of a partner;

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    (13)   a partner from disposing of the joint stock of the company, or from drawing bills in the name of the firm, or from excluding another partner from his or her share of the management;

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    (14)   a surviving partner from selling the property and collecting the debts of the partnership when he or she is in embarrassed circumstances, or when it would be dangerous to entrust him or her with the sale or collection;

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    (15)   a renunciation to a partnership existing during pleasure, trade mark, shipping, partnerships and fraud in which a writ of injunction would issue in England;

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    (16)   in all cases relating nuisance, copyright, patents, trade mark, shipping, partnerships and fraud in which a writ of injunction would issue in England;

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    (17)   in all cases in which it shall appear to the Court or Judge to be just or proper that such writ should issue.

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    851.   Upon a motion before the Court or Judge, the person enjoined may have the injunction dissolved, by proving that the essential allegations of the petition are false or insufficient. The proof and counter-proof may be made by affidavit unless otherwise ordered by the Court or Judge.

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    852.   The breach of the injunction is a contempt of Court.