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Kennedy Alexander, Brenda Kennedy and Jermaine Bennett v Nigel Benjamin, Kingston and Saint Andrew Municipal Corporation, National Environmental Planning Agency (NEPA) and Niaviv Company Limited

Court: 
Supreme Court
Catchwords: 

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 tot he 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 Reasonable Foreseeable in all the Circumstances

Document Type:

Year: 
2024
Suit/Claim number: 
SU2024CV04094
Neutral Citation: 
[2024] JMSC Civ. 149
Judge(s): 
D. Staple J