types of injunction in nigeria

Mrs Adeyemi advanced a loan of 200 million Naira to Mr Patrick, a Togolese residing in Nigeria. 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. The English Court of Chancery was a court of “equity” rather than “law,” so its remedies were known as equitable remedies.. 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. 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. Mareva injunctions are not intended to cripple the operations of the business, the objective is to ensure that, should the plaintiff get judgment in their favour, the defendant does not frustrate the ability of the plaintiff to execute judgment. 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. A request could not be made to the arbitral tribunal as the banks were not parties to the arbitration agreement. 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. It is designed to examine the various types of injunction available in Nigeria and the purpose they serve. CDR Magazine published by: Global Legal Group, © 2009-2021 Copyright: iclg.com | Our Privacy. InfoGuide Nigeria is a multi-author blog in Nigeria founded by Ifiokobong Ibanga. 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. 3.4.0: mareva injunction. 3.6.0: perpetual injunction. This will take the form of an interim award, thereby making it enforceable. injunction. In Rahman v Abu-Taha, the Court of Appeal approved this expansion of jurisdiction. 3.4.0: mareva injunction. Handing over of the old government to the newly elected government takes place in the month of May. 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. This injunction is protective in nature. 2.5.0: conclusion. The scope of the arbitrators’ authority to issue protective measures is an important feature of this advancement. An arbitral tribunal may also grant interim measures. However, a party to ongoing arbitral proceedings could approach the tribunal for an “injunction” or to stay proceedings. Singapore”. In that case, the claimant had reasons to believe that the assets of the respondent were in the process of being dissipated while arbitration was still pending. 3.5.0: anton piller injunction An injunction is a remedy, not a cause of action and will usually not be granted where the court considers damages would suffice. 3.5.0: anton piller injunction. A copyright is infringed by any person who without the license or authorization of the owner of the copyright uses or causes the copyrighted work to be used. 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. chapter three . Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. excess of injunction in nigeria judicial system. The team comprises professionals and Consultants from different fields of human endeavour. Service of Legal Process and Taking Evidence I. In order to be entitled to an interim measure, the party seeking such an interim measure shall satisfy the tribunal, among other things, that there is a serious issue to be determined on the merits of the claim. 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 … 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. 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. The most common types of injunctions are temporary, preventive, permanent, and mandatory. It is designed to examine the various types of injunction available in Nigeria and the purpose they serve. 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. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. However, the sound policy of staying court proceedings in Nigeria in favour of foreign arbitration was laid down by the Nigerian Supreme Court in The owners of MV Lupex v Nigerian Overseas Chartering & Shipping Ltd (2003) 15 NWLR (pt. Injunctions are equitable remedies that are given at the discretion of the court. Another aspect of the injunction that has undergone change is the extent of the restraint. Prohibitory injunction – prohibitory injunctions are orders to refrain from or stop doing a wrongful act. Here we publish several helpful articles in various categories, such as how-to articles, where to find things, resources, business, interviews and reviews. 3.9.0: conclusion. 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. An injunctionis an order by the court to a party to do or refrain from doing a particularact to ensure that justice is done. 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. 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 … By the very nature of the case the trial would entail essentially a comparison of the two marks within the provisions of the Trade Marks Act and can be completed in a few days. 2.3.0: doctrinal basis of injunction and its application in nigeria judicial system. Secondly, the legal right must have been infringed or there is a probability that it will be infringed. Anti-Arbitration Injunction IV. Seplat had appealed the December 24, 2020 decision of the Federal High Court granting injunctions that, among others, resulted in … In the case of Econet Wireless Limited v Econet Wireless Nigeria Limited, Shuaibu J. entertained an application based on Order 26 Rules 1 and 2, Order 28 Rule 1(1), Order 32 Rules 1,2, and 4 of the Federal High Court Rules for injunction pending appeal, without first examining the provisions of the Rules to determine whether he has jurisdiction or 49 Order 38 of the Lagos Rules 50 … 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. On the scale of balance are the rights of the plaintiff and the effect of the order on the parties. The sources of the jurisdiction and power to grant orders in aid of arbitration include national legislation, case law and the rules governing arbitration – both institutional and ad hoc. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. 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. 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. What now seems to be an equally vital terrain to protect is the right to arbitrate, either by restraining the breach of the agreement to arbitrate or protecting – albeit sometimes on an interim basis – the rights of parties during the dispute. A temporary injunction, also called a preliminary injunction, is used to provide immediate relief. The copyright law in Nigeria provides for has several categories and the duration of rights. In any other case, for example where the orders sought are against third-parties not party to the arbitration, only the court will have jurisdiction. EX-PARTE INJUNCTION In the annals of Anglo-Nigeria common law, certain principles are fundamental. Anton piller order – This is a mandatory interlocutory injunction designed to prevent the destruction or removal of evidence. Increasingly, more international arbitrations are being seated in Nigeria; the recent amendments to the Arbitration Rules of the International Chamber of Commerce – such as Article 29, which provides for interim measures requested prior to the constitution of an arbitral tribunal – are important developments for the country’s community. Nigeria’s approach to protective measures in international commercial arbitration is now developing apace, says Olasupo Shasore of Ajumogobia & Okeke. That’s not to say there haven’t been bumps along the way, however. Media gag orders are a popular type of injunction usually meant to prohibit the media from reporting on a high profile trial until the trial’s conclusion. However, it was not uncommon for a party to an arbitral proceeding to approach a court for an injunction to restrain further proceedings in arbitration, a wholly undesirable practice. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. It is the final order of the court after the resolution of a dispute. Federal Republic of Nigeria Official Gazette No. Mandatory injunction – mandatory injunctions are orders to carry out a positive action i.e. 98) 419, a case which involved a shareholders’ dispute in respect of a commercial bank in Nigeria, explained the nature of this type of injunction at 447 thus: As seen above, arbitral tribunals may make orders and may direct a party to take such interim measure of protection as the tribunal may consider necessary. Mareva or Freezing Injunction V. Security for Costs in Support of Foreign Proceedings VI. 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. During the pendency of the suit, Mr Patrick put up the land for sale on OLX. The election in Nigeria is held every 4 years and often holds in the month of February. The order may simply be that the balance in the account must not fall below a certain figure. 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. The reasons are clear – not least being to protect the fundamental objectives of arbitration, namely that parties should be free to agree on how their disputes are to be resolved, and such agreements shall be binding and enforceable. Mandatory injunction – . At the request of a party to an arbitration agreement to stays further proceedings, the court should recognise the principles of comity and act with restraint and caution as it affects foreign jurisdictions. Nigeria is a country that has its own types of cake and this is so because of the cultural and so many beliefs which they have. A permanent injunction is a final order and is usually only granted after a trial. There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. 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. 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. 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. The loan was secured by Mr Patrick’s landed property located in Lagos. What if you move into a new house, and your new neighbors play loud music in the middle of the night, every single day? If the order would be too oppressive to the defendant, the courts will refuse to grant the order. A temporary injunction or preliminary injunction is a provisional remedy granted to restrain activity on a temporary basis until the court can make a final decision after trial. The respondent had monies in its accounts in several banks. 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). This approach should, of course, be commended. These are situations where you may ask the offending party to stop doing something that is bothersome and a nuisance to you. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. 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. do something. Tribunals seated in Nigeria ought not to grant such requests. A mandatory injunction is a court order compelling a person to perform a certain act. ENWEREMADU Vs. OHAJURUKA: INJUNCTION – Injunctive relief – dependence of same on a principal claim. 3.3.0: mandatory injunction. 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. Media gag orders are a popular type of injunction usually meant to prohibit the media from reporting on a high profile trial until the trial’s conclusion. 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. There are several means of identification for Nigerians like the international passport, voter’s card, or driver’s license. 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 purpose of this paper is mainly to identify current Nigerian practice with regards to these order. If the appellants succeed in establishing the alleged infringement they would be entitled to the declarations and injunctions of the type granted and permanently too. Mr Patrick failed to repay the loan, Miss Atinuke sued in the Lagos high court. Where this procedure is predicated on the absence of a valid agreement to refer the dispute in question to arbitration, the irresistible rebuttal is that such disputes are themselves arbitrable. Other factors considered by the courts are the futility of granting an injunction and the possibility of compliance with the order. For instance, if damages would be an adequate remedy then the courts will not grant an 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. 1.2 Background to the Study The injunction is awarded in support of a claim by the plaintiff in a primary legal action. 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. A Mareva injunction is usually granted before the plaintiff obtains judgment in the primary legal action but it is also possible to obtain a post-judgment Mareva to prevent the defendant from thwarting the plaintiff’s attempts to execute a judgment. Seplat had appealed the December 24, 2020 decision of the Federal High Court granting injunctions that, among others, resulted in the sealing of its corporate offices in Lagos. Or if the building has been completed, they may be seeking an order that the building be removed. n. a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. The Georgia and federal court rules set forth four criteria that must be satisfied before an interlocutory or preliminary injunction can be issued: likelihood of success on the merits; potential for irreparable harm in the absence of an injunction; harm to the plaintiff if the injunction is not granted versus harm to the defendant if the injunction is granted; and public policy … Anti-Arbitration Injunction in Nigeria. Injunctions in brief Perpetual injunction – . Preliminary A preliminary or temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. The note considers interim and final injunctions, prohibitory and mandatory injunctions, quia timet and springboard injunctions and injunctions in support of arbitration proceedings. To be granted a Mareva Injunction the plaintiff must show to the court that they have: 1. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. If Mr Patrick is allowed to sell the land, there would be no way to enforce the judgement that Miss Atinuke may eve… 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. However, there are times when simply asking does n… Calculating damages in international class actions, Mills & Reeve partner moves into funding with Ampla Finance Legal, AI technology and government decision making - recent Italian rulings, Forever 21 files for voluntary bankruptcy, Charles Scharf to join Wells Fargo as CEO and president, Kohlberg Kravis Roberts appoints former Amazon exec Diego Piacentini as senior advisor, Alison Rose to replace Ross McEwan as CEO of RBS, Orrick adds Hannah Roscoe to London energy practice. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. Arbitration continues to enjoy increasing patronage in Nigerian commercial disputes. 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 plaintiff may come to court seeking an injunction to stop the development of the property. It is usually necessary to prove high likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to … confidential client’s database,which is used for previous emplo… 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 … These injunction are as follows: ranging from ex-parte, interim, interlocutory, perpetual, mandatory, mareva to anton piller injunction. Ada Obinna Edozie, Esq. In the case of so-called 'super injunctions', which restrain publication of confidential applicant, the injunction may also prohibit disclosure of the identity of the parties or the fact … Plaintiff cannot use force to enter premises but the defendant will be in contempt of court if s/he denies admission and, in addition, the court may draw adverse inferences from such a refusal (i.e., it does not look good for the credibility of the defendant). An injunction is simply an order of the court to do something or refrain from doing something. 1.2 Background to the Study Established in 1963 and became effective on October 1, 1963, prior to the enunciation of the Federal Republic of Nigeria and the 1960 Constitution. at 21/05/2013. Anti-suit orders & injunctions. The English Court of Chancery, on the other hand, offered some remedies that weren’t available in the common law courts. This was confirmed by a recent decision of the Court of Appeal in Nigeria, which reaffirmed the current policy of refusing to “merit review” arbitrators’ decisions. 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. Suits in Nigeria have been the target of such orders, such as in Travelport Global Distribution Systems BV v Bellview Airlines Ltd 2012 WL 39258556 (SDNY Sept 10 2012). 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. 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. Because the essence of the injunction is surprise, it is normally sought on an ex parte basis (and the defendant may subsequently apply to have the injunction discharged or varied). 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. Perpetual injunction – a perpetual injunction is an order granted at the end of a lawsuit. They lend themselves to the normal mechanics of court enforcement and the force of compliance. 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. Types of Injunction. 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. TYPES OF COURTS IN NIGERIA . Indeed, parties to arbitration, the arbitrators and the courts are becoming more cooperative and confident, and less circumspect. 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. Still, the most recognized and widely accepted means of identification is the National Identity Card which carries a unique […] The cost of registering an NGO or charitable foundation in Nigeria will be differed on a case by case basis and the roles of any lawyers assisting to incorporate such organization would take in completing the entire process. chapter 4 examining other forms of injunction and the power of the 1. FG Not Averse To Criticisms, Says AGF, Malami, ICMC Mediation Skills Accreditation And Certification Training In Abuja. S*x-For-Marks-Scandal: Victim’s Result Hasn’t Been Released By OAU, Not Even Till... NASU, SSANU To Embark On Indefinite Strike Feb 5, Prof. Ifemeje Makes History As First Female Dean Of Law, Unizik. Anti-Suit Injunction III. 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. 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. 9 The answer is “no” – the fact that the plaintiff is seeking a Mareva injunction does not automatically mean that the plaintiff’s claim falls within the specified head of jurisdiction under O 11 r 1(b). Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. 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. A discretionary remedy that takes the form of a court order requiring a party to either refrain from doing something (prohibitory injunction) or to specifically do something (mandatory injunction). The court’s jurisdiction to grant injunctions, as well as its ability to effectively enforce them through committal proceedings, is dependent on proper service of defendants/respondents. There are majorly four different types of the election in Nigeria. 3.2.0: interlocutory injunction. These orders are granted while the primary action is pending. It covers domestic injunctions under section 37 Senior Courts Act 1981 and international injunctions under section 25 Civil Jurisdiction and Judgments Act 1982 and the American Cyanamid principles. 2.4.0: nature and purpose of injunctions. There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. Persons Exempted from National Identification Number (NIN) Registration. Service of Legal Process Out of Nigeria III. 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. 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. Injunctions are equitable remedies that are given at the discretion of the court. Naturally, the respondent contested the application, arguing that the court lacked jurisdiction or power to make the order owing to the agreement to arbitrate between the parties. Injunction serves as an order of equitable nature restraining the person to 106 ... specify the nature and types of communications that can be intercepted ; (c) ... Commission, seeking for an injunction or for specific performance or any Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a … 3.2.0: interlocutory injunction. The entire region may yet be recognised, not merely as users, but also as arbitration-friendly jurisdictions. 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. Types of Injunction Mareva Injunctions This is used in extreme cases to freeze the assets of a defendant. TYPES OF ELECTION IN NIGERIA . Once the courts appreciate their supportive role – as they now seem to – when interim matters are submitted, the confidence of parties in arbitral decisions, particularly in commercial disputes from African seats, will be matched by cost savings when the need arises. february 18, 2020. Types of Injunction Mareva Injunctions This is used in extreme cases to freeze the assets of a defendant. The claimant feared that if not protected, any award made in its favour may be of no value, as the respondent would not have any further assets to meet its claims. S license will be infringed granted after a trial, interlocutory, mandatory, Mareva, and less circumspect and... Are trying to serve justice to the arbitration agreement ex parte ( both are... A loan of 200 million Naira to Mr Patrick, a Togolese residing in founded! The court to do something or prohibiting some act after a trial provisional remedy to preserve the matter. Order was made to last until the determination of the arbitration scale balance..., Malami, ICMC Mediation Skills Accreditation and Certification Training in Abuja not granted! Mareva or Freezing injunction V. Security for Costs in support of a claim by the courts are trying to justice. Granted after a trial is naturally of great concern stop the development of the suit, Mr Patrick, party. The building has been infringed or there is a final injunction both parties the. 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