An urgent interim injunction has been granted by the High Court to prevent the reopening of Galloway’s 8 Ball Sports Bar in Paynters Development.
The bar’s operation near residential homes has been claimed to violate restrictive covenants by three residents, Jon Whyte, Rose-Ann Kim, and Sylvester Browne, who fear the potential for nuisances.
Concerns have been raised over noise, littering, and unauthorised parking during the bar’s previous operation from 2021 to August 2022.
The bar owner, Kwame Galloway, has been prohibited from reopening his business place after his neighbours complained about the noise and disturbance caused by the bar and nightclub.
The claimants have also named Social Security in the legal action, as they are the original vendors of the lots.
However, the governmental body has not participated in the proceedings.
According to Galloway’s neighbours, there is a clause that limits what homeowners can do in the area.
They say the operation of the bar and nightclub exposes them to noise and an influx of strangers which may in turn lead to an increase in crime.
Galloway, on the other hand, denies these allegations and insists that there is no noise emanating from his premises.
He states that his neighbours have not reported any noise issues to the police or provided evidence of nuisances.
Galloway enlisted a sound engineer whose report, submitted as evidence, states that the sound system’s operation at maximum volume would not inconvenience the surroundings.
He argues that the neighbourhood’s character has changed over the past 18 years and it is no longer strictly residential, pointing to the presence of a supermarket, an auto body repair shop, and a block of apartments in the area.
The trio who sought the injunction claim to have endured noise issues, littering, and unauthorised parking during the previous operation of the bar and nightclub. Galloway was forced to cease operating the bar and nightclub after the Development Control Authority (DCA) issued an enforcement notice.
However, Galloway’s attempt to discharge the restrictive covenants through Social Security was settled by a consent order in 2023.
Social Security waived the restriction, thereby allowing Galloway to resume operations.
The applicants, who were unable to intervene in this decision, fear a resurgence of the nuisances they previously experienced.
Justice Rene Williams has ordered the interim injunction, which prevents Galloway from reopening the bar and nightclub until further orders are issued by the court or the final determination of the case has been made.
0 Comments