AIR 1919 PRIVY COUNCIL 215

Privy Council

(FROM : THE ISLAND OF GUERNSEY)

Hon'ble Judge(s): Earl Loreburn, Lord Dunedin, Lord Sumner, Lord Parmoor , JJJ

(A) Injunction-Suit for-Transfer of property by plaintiff, after institution of suit- Actual owner at time when judgment has to be pronounced is alone entitled to injunction- Hence plaintiff was not entitled-But claim for damages was not affected by transfer. Where after the institution of a suit praying for an injunction and damages, the plaintiff transferred the property with reference to which the injunction was asked for, to another person. Held, that an injunction must always suit the state of affairs as they exist at the date at which judgment has to be pronounced and that as no person other than the actual proprietor can obtain an injunction, the state of affairs at the time of the institution of the suit was no criterion and that the plaintiff was not entitled to any injunction. Held, further that the right of action as regards damages remained with the plaintiff and was not affected by the transference of ownership (B) Privy Council-Special leave-Appeal from Island of Guernsey-Ordinarily appeal will not be entertained by P.C. directly from Ordinary Court. In a case from the Island of Guernsey. Held, that their Lordships would not ordinarily entertain an appeal from the Ordinary Court passing over the Full....