Kennedy, Alexander and Brenda Kennedy et al v Benjamin, Nigel and Kingston and Saint Andrew Municipal Corporation et al

Civil Practice and Procedure – Application for Injunction – Whether there is a Serious Issue to be Tried – Whether or Not the Claimant Has Established a Case with a Real Prospect of Success in Nuisance Against the 1st and 4th Defendants.

Civil Practice and Procedure – Application for Injunction – Whether Damages is an Adequate Remedy for the Claimant – Whether the Balance of Convenience Lies with the 1st and 4th Defendants or the Claimants in their Competing Interests to Enjoy the User of their Respective Properties.

Tort – Nuisance – Whether or Not the 1st and 4th Defendants Have Created a Nuisance on Property Not Their Own to the Disturbance of the Claimants – Whether there is Sufficient Evidence to Establish a Case with a Real Prospect of Success that the Alleged Damage Caused by the Acts of Construction by the 1st and 4th Defendants was Reasonably Foreseeable in all the Circumstances.