Parish Council of Manchester (The) v Antoinette Boyne

IN THE SUPRME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2007 HCV 0 1 184

BETWEEN THE PARISH COLTNCIL OF MANCHESTER CLAIMANT

AND ANTOINETTE BOYNE DEFENDANT

Ms. Rose Bennett and Ms. Kemilee McClymont instructed by Bennett and Beecher-Bravo for

the claimant.

C Mr. Debeyo Adedipe for the defendant.

Heard: 7th and 8th May 2007

Injunction - S. 23 Town and Country Planning Act - Personal Nature of Injunction -

Balance of Convenience

Campbell J.

(1) The Parish Council of Manchester (Council), filed a Fixed Date Claim Fonn seeking

injunctions

(1)

(a) to restrain Ms. Boyne from carrying out any further building,

engineering, mining or other operations: and lor

(b) any material change of use in, on, over or under land and or any building

located at 26 Grove Road, Mandeville in the parish of Manchester.

(2)

(a) That an injunction be granted mandating that the defendant, its agents and or

servants restore the land at 26 Grove Road in the parish of Manchester to its

original condition prior to its unauthorized developments.

(b) Complete such restoration within thirty (30) days from the date of the injunction:

and

(c) restore the said land to the satisfaction of the Claimant.