The Respondent (claimant in the court below) commenced an action by summons against the
Appellant (defendant in the court below) in the High Court Commercial Division. The action was
based on an agreement between the Respondent and the Appellant. The eourt below issued the
summons and initial directions. However, before service ofthe summons, the statement of claim,
the list of documents and requisite sworn statements the Respondent obtained an injunction ex
parte restraining the Appellant from not performing the terms of ‘he agreement. The Respondent
filed an application without notice for an interim injunction and the hearing ofthe application was
set down or 26 January 2021 at 2:30 hours before Justice Manda.