EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM

EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM
ABSTRACT

Injunction serves as an order of equitable nature restraining the person to whom it is directed from performing a specified act or in certain exceptional circumstances cases requiring him to perform a specified act. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. In the former case it is called a restrictive and prohibitory injunction and in the latter a mandatory or positive injunction. This work examines the basis and nature of injunction, the first is the exercise of the granting of injunction to prevent an impending or a threatened breach of a legal or equitable right. The second basis for the granting of injunction is the prevention of the defendants from infringing or breaching the legal or equitable right of the plaintiff but rather a need to prevent the defendant from acting in a manner which is unconscionable and contrary to equitable principles. The court grants injunction on the second basis on the ground that it is just and convenient to do so. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. The work further examines the need for the Nigerian court to grant injunctions in matters of extreme urgency and the power of the court in granting injunction. It also considers the procedure by which the Nigerian courts grant the application of any type of injunction as well as the grounds that are sine qua non before the application of injunction is granted by the Nigerian courts. Finally, the work is concluded with a succinct summary and recommendation.

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

The process of calling the court into action in most countries takes time and this is also the same in Nigeria owing to the peculiar state of affairs in Nigeria. Calling the court into action to determine the respective rights of the parties consumes considerable time with possible harm to the subject matter of the suit. In law, this subject matter is commonly referred to as the “res”. The res in deserving circumstances would need to be preserved from waste, destruction or dissipation by any of the parties. An exposition of the meaning of RES and the significance of its preservation can be found in Muhammadu Buhari and 2 others v. Chief Olusegun Obasanjo and 267 others1. In that case per BELGORE, J.S.C (as he then was) held inter alia on the meaning of RES;

‘In general parlance “res” means “thing” in referenceto a thing, known or unknown. It also means affair,matter or circumstanc in legal contest, ”res” generallyrefers to subject of the right Complained of by theapplicant’.

In legal history, the remedy of injunction was one of the foundations of the jurisdiction in equity exercised by the Court of Chancery and the Court of Ex-chequer in England .The equitable jurisdiction of the Court of Ex-chequer in this regard was abolished by the Court of Chancery Act 1841 and by so doing, placing injunctions within the exclusive province of chancery’s equitable jurisdictions. This was the situation for almost 13 years. By 1854, however, the Common Law procedure Act of that year, gave to Common Law Courts a power to grant injunctions in certain cases. Eventually, when the fusion of law and equity was effected by the Judicature Act 1873.The jurisdiction to grant injunction in all cases in which court of equity or common law could formally grant that relief was made available to every branch of the High Court Justice under the Act.

EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM

Chapters: 1 - 5
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Number of Pages: 75

Price: 3000 NGN

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