A Jamaican supplier breached our contract—can I get an injunction to stop them selling our goods to others?

In Jamaica, an injunction to stop a supplier from breaching an exclusivity clause is treated as a prohibitory injunction – a court order that prevents the party from doing something that would violate the contract. To obtain it you must file an application (often ex‑parte for urgent relief) in the Civil Division of the Supreme Court, supported by an affidavit setting out the breach, the likelihood of irreparable harm, and an undertaking as to damages (a promise to pay compensation if the injunction later proves unwarranted). Jamaican law does not contain special statutes governing distribution agreements, the parties’ contract terms and the general principles of contract law apply, so it is essential that the exclusivity provision be clearly drafted and that you can demonstrate that monetary damages alone would not adequately protect your interests.

In practice, an urgent interim injunction can be heard within a few days to two weeks after filing, especially if you show a strong risk of loss to reputation and sales. If the court grants the interim order, a full hearing on a permanent injunction will follow, typically scheduled several weeks to a few months later, depending on the court’s docket and the complexity of the evidence. The process therefore involves (1) preparing a detailed affidavit and supporting documents, (2) filing the application with the required filing fee, (3) possibly appearing for an ex‑parte hearing to secure immediate relief, and (4) attending a substantive hearing for a final order. Given the procedural nuances and the need for a solid undertaking, it is advisable to engage a Jamaican attorney experienced in commercial litigation to ensure the application meets the court’s requirements and to manage the timeline effectively.

Sincerely,
Ascendance International Organization