Hapugastenne Plantation Limited vs Kitnan Karunanidi – SC APPEAL 116/2010-2017

In the case between Hapugastenne Plantation Limited and Kitnan Karunanidi, the court addressed the issue of whether interlocutory injunctive relief could be granted to restrain the Defendant’s gemming operations on a paddy field within a leased tea estate. The holding established that the Plaintiff had not demonstrated the existence of a prima facie legal right nor a sufficient balance of convenience to warrant an injunction. The principle reaffirmed is that injunctive relief requires a demonstrable legal claim and that the primary dispute regarding land use rights and regulatory oversight was more properly addressed between the estate lessee and the State Plantations Corporation, or under the purview of the Gem and Jewellery Authority. Relevant statutory regulations and the terms of the l