Response Marketing (Private) Ltd. vs Abdul Raheem Mahamaed Lafir – CA 271/2006-2022

In the case between Response Marketing (Private) Ltd. (with related entities) and Abdul Raheem Mahamaed Lafir (along with associated parties including Ayesha Hussin and others), the court addressed the issue of whether an interim injunction could be lawfully granted in a partition action to restrain a purchaser, not a co-owner, from building on the property under dispute. It was held that the interim injunction could only pertain to parties to the action and that actions altering the status quo during the pendency of a partition case are not permissible. The principle reaffirmed is that the court must protect the property pending final determination in partition proceedings and that purchasers pendente lite are subject to the outcome of the action. Reliance was placed on the Judicature Act