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Madrainglai v Emesiochel [1974] TTLawRp 9; 6 TTR 440 (4 February 1974)

6 TTR 440

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Civil Action No. 1-74

MELIONG MADRAINGLAI, et al.

Plaintiffs

v.

YOSIWO EMESIOCHEL and THE SCHOOL OF THE PACIFIC

Defendants

February 4, 1974

Hearing on motion for preliminary injunction, in which defendant sought injunction bond. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that where it appeared that private foreign corporation with no interest in a certain property, though interest was sought to be shown, would enter and occupy the land, clear it and build structures, interest of plaintiff in the land, as member of municipality which had been given the land by the territorial government, would be irreparably harmed were corporation to proceed, so that only adequate remedy would be a temporary injunction.

1. Landlord and Tenant-Leases-Foreigners

Private real property may not be leased to foreign corporation desiring to operate a school thereon without prior approval of the lease by the High Commissioner, and if his approval is not endorsed on the lease, the lease is prima facie invalid. (1 TTC § 13)

2. Injunctions-Preliminary Injunction-Merits of the Case

Determination going to the merits of the case would not be resolved in proceeding to determine whether temporary injunction should be issued.

3. Injunctions-Preliminary Injunctions-Tests or Grounds for Granting

Elements to be considered before a temporary injunction decision can be made are whether plaintiff has a substantial chance of, prevailing on the merits, relative importance of asserted rights, the acts sought to be enjoined, irreparability of injury resulting from denial of relief, potential harm to the enjoined party, and balancing of damages and conveniences generally.

4. Injunctions-Preliminary Injunction-Discretion of' Court

Grant or denial of a temporary injunction rests in the sound discretion of the court, based upon the several determinative elements.

5. Injunctions-Preliminary Injunction-Potential Harm

Where it appeared that private foreign corporation with no interest in a certain property, though interest was sought to be shown, would enter and occupy the land, clear it and build structures, interest of plaintiff in the land, as member of municipality which had been given the land by the territorial government, would be irreparably harmed were corporation to proceed, so that only adequate remedy would be a temporary injunction.

6. Injunctions-Preliminary Injunction-Bond

Where defendant seeking injunction bond showed no potential damage as result of granting temporary injunction, bond would be denied.