In lieu of injunction

Horsford v Lester B Bird and others PC LSG 17 January

The defendants’ builders had built a wall encroaching on the claimant’s neighbouring undeveloped land and in effect had added some 455 ft ² of the claimant’s land to the defendants’ garden. The Court of Appeal of Antigua and Barbuda had upheld the trial judge’s refusal to make a mandatory injunction for the removal of the offending wall, but reduced his award of damages of East Caribbean $67,948, which included a substantial sum for aggravated damages. The damages were reduced to the value of the 455 ft ² of undeveloped land at EC$30 per ft ².