The procedure is for someone who has been or is in danger of being harmed, or needs some help (relief) or his/her attorney, to a) petition for the injunction to protect his/her rights; to b) get an "order to show cause" from the judge telling the other party to … Although the courts have this discretion as to whether or not an injunction is granted, they are guided by certain principles, and will consider several factors before granting one. Sometimes it could be used for the illegal constructionwork, which is harm for other or developer start work in another person’s land.It could be intellectual property rather than land i.e. 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 may also be made to ensure the discontinuance of such an action, particularly where the suit is likely to cause imminent harm, prejudice the subject matter of the dispute or jeopardise the arbitral process. 3.7.0: injunction in constitutional law. 3.9.0: conclusion. In Mutual Life & General Insurance Ltd v Kodi Iheme (2013) 2 CLRN 68, the justices of appeal rejected counsel’s invitation to review an arbitral decision on grounds of misconduct and the allegation of “error on the face of the award.”. types of injunction and its enforcement. This legal right must be recognised by law; it is not sufficient for the wrong to be an inconvenience suffered by the plaintiff or an unconscionable act by the defendant. In the U.S., injunction is the most common type of equitable remedies, and failure to comply with an injunction can lead to results ranging from fines to imprisonment. Anti-suit orders & injunctions. The loan was secured by Mr Patrick’s landed property located in Lagos. Mrs Adeyemi advanced a loan of 200 million Naira to Mr Patrick, a Togolese residing in Nigeria. Tele/+234 806 819 1709 excess of injunction in nigeria judicial system,law project topics and materials,excess of injunction in nigeria judicial system Service of Foreign Legal Process in Nigeria IV. For instance, the court may order the demolition of a house. However, a party to ongoing arbitral proceedings could approach the tribunal for an “injunction” or to stay proceedings. The defendant is ordered to allow the plaintiff’s representatives to enter premises belonging to the defendant to seek evidence in support of a primary legal action, in circumstances where there is a danger that the evidence will be destroyed or removed. 3 Injunctions are issued where mere award of damages at the end of the trial would not be satisfactory or effective or may lead to a greater harm or injustice. The election in Nigeria is held every 4 years and often holds in the month of February. You cannot fully claim to be a citizen of a country if you don’t have a means of identification. 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. Types of Injunction. During the pendency of the suit, Mr Patrick put up the land for sale on OLX. However, there are times when simply asking does n… Arbitration continues to enjoy increasing patronage in Nigerian commercial disputes. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. 3.3.0: mandatory injunction. To be granted a Mareva Injunction the plaintiff must show to the court that they have: 1. Interlocutory injunction – an interlocutory injunction is a temporary order to maintain the status quo until the main issue (primary legal action) is resolved or until enough time passes to determine the effect of the order. Anton piller order – This is a mandatory interlocutory injunction designed to prevent the destruction or removal of evidence. 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. Interlocutory injunction – . It is normally granted ex parte (both parties are not required to be present). Subscribe now and access all of CDR's daily news and analysis, complete with a full archive of all articles and PDF back issues of CDR magazine. The copyright law in Nigeria provides for has several categories and the duration of rights. Indeed, parties to arbitration, the arbitrators and the courts are becoming more cooperative and confident, and less circumspect. The English Court of Chancery was a court of “equity” rather than “law,” so its remedies were known as equitable remedies.. Nigerian courts have been known to issue anti-suit injunctions by courts to restrain the commencement or progress of a court action in a foreign or local jurisdiction. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. Ordinarily, the principle is that courts are not allowed to intervene in an arbitration matter; this position is enshrined in section 34 Arbitration and Conciliation Act (ACA) 4: "a Court shall not intervene in any matter governed by this Act except where so … However, in terms of case law in Nigeria, recognition of Mareva injunction may be first traced to the Supreme Court case of SOTIMINU V. OCEAN STEAMSHIP (NIG) LTD (1992) 5 NWLR (PT.239) 1, where the Supreme Court acknowledged as a preventive measure, the power of the court to grant anticipatory and preservative ex parte injunction to a Plaintiff with a good prima facie … In 1980, the injunction was granted against a non-resident present in England, and subsequently, in a different case, the jurisdiction was extended to a resident defendant. 1.2 Background to the Study Though Mereva injunction is a kind of interlocutory injunction, it is different from interlocutory injunction in a way that all the applicant needs to do is succeed on the strength of his case while interlocutory injunction requires that the applicant needs to show that there is a serious question to be tried – Ayorinde v. A. G Oyo State (1996) 2 SCNJ 198. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. Such interim measures may include a direction that parties maintain status quo pending the delivery of a final award on the dispute, preserve the subject matter of the dispute and provide a means of preserving the assets out of which a subsequent award may be satisfied. Injunctions in brief Perpetual injunction – . But apart from all these, before we start telling you the types of cake in Nigeria, let’s talk about the basic types of cakes which you can get anywhere in the world. 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. Third parties such as banks are informed of the injunction and will be in contempt of court if they help the defendant to breach the injunction. The first principle is that the plaintiff (the party asking for the injunction) must have a legal right to be protected. Types of Injunction Mareva Injunctions This is used in extreme cases to freeze the assets of a defendant. Established in 1963 and became effective on October 1, 1963, prior to the enunciation of the Federal Republic of Nigeria and the 1960 Constitution. Generally, the courts will be reluctant to grant the order in such cases because of the investment of money and labour that would have gone into the building. ENWEREMADU Vs. OHAJURUKA: INJUNCTION – Injunctive relief – dependence of same on a principal claim. Courts have a general power to grant injunctions in all cases in which it appears to the court to be “just and convenient.” The conditions for the grant of injunctions are at the discretion of the judge; when statutes do not refer to arbitration specifically, the court will grant an injunction to restrain a party to an arbitral proceedings or any other person in relation to the subject matter of an arbitral proceedings where it appears to the court to be “just and convenient” to do so. E-mail: thenigerialawyers@gmail.com, thenigerialawyers@gmail.com, editor@thenigerialawyer.com, Meningitis: NMA faults Yari over cause of meningitis, Osinbajo, Malami, Magu, DSS move to save anti-graft war. Injunctions may include confidentiality restrictions to prevent disclosure of the detail of the injunction, particularly where they have been obtained without notice to the respondent (see below). Many African jurisdictions are now supportive of arbitration; recent developments show that Nigeria and Lagos have, in many respects, led in seeking to bolster certainty and effectiveness of the arbitral process. chapter 4 examining other forms of injunction and the power of the Although the courts have this discretion as to whether or not an injunction is granted, they are guided by certain principles, and will consider several factors before granting one. While commercial litigation justifies the anti-suit order as a sometime necessary means to achieve predictable outcomes and the intention of the parties, the same cannot be said of anti-arbitration orders and the inherent abuse they offer. Injunctions are equitable remedies that are given at the discretion of the court. If you are considering applying for or enforcing an injunction against a defendant with links outside of the jurisdiction you should therefore be aware of the guidance set out in Practice Notes: Anti-suit orders & injunctions Nigerian courts have been known to issue anti-suit injunctions by courts to restrain the commencement or progress of a court action in a foreign or local jurisdiction. 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. Under Nigerian Law, the court tribunal may also take such interim measures of protection as may be necessary in respect of the subject matter of the dispute, before the commencement of arbitral proceedings. They lend themselves to the normal mechanics of court enforcement and the force of compliance. 3.4.0: mareva 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. The English Court of Chancery, on the other hand, offered some remedies that weren’t available in the common law courts. do something. Handing over of the old government to the newly elected government takes place in the month of May. Types of injunctions obtainable in court are; An Interim injunction-although lasts for a short time, is usually granted only in cases of urgency requiring immediate relief. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a … These injunction are as follows: ranging from ex-parte, interim, interlocutory, perpetual, mandatory, mareva to anton piller injunction. If Mr Patrick is allowed to sell the land, there would be no way to enforce the judgement that Miss Atinuke may eve… It is a court order which prevents the defendant from removing or disposing of his assets until a further court order or until the trial. ENEKWE V INTERNATIONAL MERCHANT BANK OF NIGERIA LTD: INJUNCTION:- Ex parse injunctions – Rationale for grant of – Duration of INJUNCTION:- Ex-parte injunction – Nature of – Where unconstitutional – Principles governing grant of. These are situations where you may ask the offending party to stop doing something that is bothersome and a nuisance to you. Because of the purpose of this category of injunctions, it is advisable to seek same from the court in the exercise of its general powers to grant injunctions when it is “just and convenient” to do so. A party to arbitral proceedings approached the court for orders to prevent dissipation while at arbitration. In the former case it is called a restrictive and prohibitory injunction and in the latter a mandatory or positive injunction. 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. Conclusion 21. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM ABSTRACT Injunction serves as an order of equitable nature restraining the person to whom it is directed f. support@iprojectmaster.com +234 813 292 6373. It is important to note that with interlocutory injunctions, the plaintiff will normally be asked for an undertaking as to damages which is held by the court for the benefit of the defendant, if it is determined at the trial that the injunction should not have been obtained. In such cases, the courts will also consider the behaviour of the defendant; if they have acted fairly and in a neighbourly manner, they will be more inclined to award damages to the plaintiff rather than grant an injunction to compensate for the inconvenience the plaintiff suffers in the reduction of the natural light in their own property. 3.6.0: perpetual injunction. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. Send your press release/articles to thenigerialawyers@gmail.com, editor@thenigerialawyer.com, Follow us on Twitter at @Nigerialawyers and Facebook @ facebook.com/thenigerialawyer, For Advert Inquiries Injunction; Injunction is a court order that coerces the defendant to take specific acts or refrains him or her from engaging in certain actions, i.e., breaching a contract. Order and is usually only granted after a court ordering someone to do a particular act or.! Case it is normally granted ex parte ( both parties are not required to be granted where the asking... 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