I heard this application on 4 April 1996. At the conclusion of the hearing, I granted the application, the order to be in terms of which the advocate for the applicant was to submit a draft for approval. I said I would hand down reasons for my decision, which I now do.

This is the return date of an interim injunction granted by the learned Chief Justice on 21 March 1996 when he heard an appeal by the respondent against the decision of a magistrate dated 6 February 1996, whereby the respondent was ordered to leave the matrimonial home ('the home') of himself and the applicant at 152 Simpang 160-2, Jalan Berakas within 48 hours of being served with the order prohibiting him from thereafter entering the home and that the applicant be allowed to remain undisturbed in the home. This was what is known in matrimonial proceedings as an 'ouster order'.

The respondent appealed against the magistrate's order, one of the grounds being that the magistrate had no jurisdiction to make such an order. The applicant conceded that ground and the Chief Justice then allowed the appeal and made an interim order in the same terms with a return date of 2 April 1996. I must therefore now consi