This case has been cited 1 times or more.
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2010-10-06 |
NACHURA, J. |
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| a writ of preliminary mandatory injunction is justified only in a clear case, free from doubt or dispute.[16] When the complainant's right is doubtful or disputed, he does not have a clear legal right and, therefore, the issuance of a writ of preliminary mandatory injunction is improper.[17] While it is not required that the right claimed by applicant, as basis for seeking injunctive relief, be conclusively established, it is still necessary to show, at least tentatively, that the right exists and is not vitiated by any substantial challenge or contradiction.[18] Petitioner-spouses-anchored their right to an injunctive writ on Payment Slip No. 160989, issued by Allied Bank, evidencing their full payment of the P12 million loan on February 26,2002. Such payment, according to spouses Ngo, vested in them the right to demand: (1) the | |||||