Big Diagnostics (Private) Limited v Medical Investments Limited and Lechlake Investments (Private) Limited

Key Issues

• {"issue_text":"Whether the applicant was in peaceful and undisturbed possession of the premises","issue_type":"fact","dispositive":"yes","related_facts":"Applicant managed operations, had full access and control"}
• {"issue_text":"Whether the applicant was unlawfully deprived of possession","issue_type":"fact","dispositive":"yes","related_facts":"Locks changed, bouncers employed, forcible exclusion"}
• {"issue_text":"Whether spoliation remedy is available despite the dirty hands principle","issue_type":"law","dispositive":"no","related_facts":"Respondents argued applicant had no right to possession"}
• {"issue_text":"Whether the relief sought being final in nature is appropriate in urgent proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Application brought urgently"}

Background