In Daniel v. Ferguson (1891) 2 Ch 27 – CA: suit had been brought to restrain the defendant from building so as to darken plaintiffs’ lights. Notice of motion for a temporary injunction to be made upon a designated date was served on the defendant. After receiving notice, the defendant put on a large number of men and proceeded with his building running a well up to a height of about 39 feet from the ground before the injunction was granted. The court without regard to the ultimate rights of the parties held that the wall thus run up by the defendant should be torn down at once, as an attempt to anticipate the order of the court.
THE CONSEQUENCE OF LIS PENDENS
I thought I should state right away that the doctrine of lis – pendi relied also heavily upon by the Appellant in the circumstances of this appeal and on the real purport and import of that principle is of no moment as it does not give rise to abuse of Court process, since its consequences...