High Court Judge, Justice David Alfred has dismissed Natural Waters of Viti Limited’s case against Yaqara Pastoral Company Limited and the Registrar of Titles.
Justice Alfred has ordered that Natural Waters of Viti’s claim for an injunction requiring Yaqara Pastoral Company to execute the restrictive covenant instrument is dismissed.
A restrictive covenant is a clause in a deed or lease to real property that limits what the owner of the land or lease can do with the property. Restrictive covenants allow surrounding property owners, who have similar covenants in their deeds, to enforce the terms of the covenants in a court of law.
Natural Waters of Viti wanted to acquire the lease of Yaqara Pastoral Company.
It was noted that Yaqara Pastoral has never informed Natural Waters of Viti that it wishes to dispose of its lease and that it has received an offer or agreed to a price for it.
The case against the Registrar of Titles is also dismissed.
Natural Waters has been ordered to pay costs in the sum of $5,500 to Yaqara Pastoral and $500 to the Registrar of Titles.
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