This is a motion on notice for an order of mandatory injunction directed at Registrar of the court and restraining him from releasing to the respondent the outstanding balance of cash standing to the credit of the respondent/judgment debtor herein.
The grounds of the application are contained in the affidavit in support and supplementary affidavit in support of the motion (i.e. response to affidavit in opposition) filed on 7/09/2017 and 25/09/2017 respectively.
The Respondents are opposed to the application and have demonstrated the grounds in the affidavit in opposition filed on 13/09/2017.
As part of his submissions to the court, Counsel for the Defendants/Respondents have raised a preliminary legal objection which borders on the competence of this application. He submitted that the application is incompetent since per Order 25 rule 1 (2) of CI 47 an application for injunction can only be brought by a party to a suit and that the applicant is not a party to the origi…