JUDGMENTBY: GOPAL SRI RAM JCA, SITI NORMA YAAKOB JCA, VC GEORGE JCA

GOPAL SRI RAM JCA This is an appeal against the decision of the High Court setting aside an injunction obtained ex parte by the appellant (the plaintiff in the court below) against the respondents (the defendants in the court below). For convenience, the parties will, throughout this judgment, be referred to as the plaintiff and the defendants. The injunction obtained by the plaintiff enjoined the defendants and their agents from, inter alia, entering the parcel of a timber concession known as Block 549 or from giving any effect to any agreement, apart from the agreement with the plaintiff to sell him the timber logs harvested from the said parcel. On 28 November 1994, the plaintiff moved this court on an urgent basis for an interim injunction in terms of the order that was discharged to secure the status quo pending the disposal of the appeal. After having heard argument, we allowed the plaintiffs application, exercising the powers conferred on us by s 44 of the Courts of Judicature Act 1964. In view of the urgency of the matter, there being an imposition of a temporary restraint upon the defendants and the inter