THE IMPORTANCE OF INJUNCTIONS IN JUSTICE DISPENSATION IN NIGERIA
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Abstract
The significance of injunctions in the administration of justice in Nigeria is the theme of this study. Injunctions are court orders forbidding a person from doing a certain action or directing a person to rectify a wrong or damage. Injunctions are normally and legitimately obtained via judicial procedures. The primary characteristic of an injunction is the preservation of the res or status quo that is the subject of the dispute or lawsuit. The issue addressed in this research paper originated from the literature researched and the author’s practical expertise in the study field. An applicant for an injunctive order must meet stringent legal standards and procedures in order to obtain the equitable remedy of an injunction, such as proving that he has a legal right to be protected over the subject matter for which he seeks an injunction. This study analyzed this issue critically with the intention of proposing remedies. The purpose of this study was to determine the relevance of interim and interlocutory injunctions in Nigerian judicial administration. In addition, interim and interlocutory injunctions will be discussed and analyzed critically as part of this research’s aims. This study mostly uses a doctrinal approach to technique. It has been undertaken mostly at the library using both primary and secondary legal sources. It has been observed that there exists a fundamental contradiction of legal conflict between the constitutional doctrine of Audi altera patem rule for the fair hearing of all parties before the court decides on a matter on the one hand, and the rules of courts and the various High court Rules which specifically provide and empower courts to hear one party, consider and grant or refuse the application when the court is presented with an application for interim injunction. It is suggested that the two legal concepts be permitted to coexist, since both is essential to the case’s resolution.
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CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the study
The process of initiating a lawsuit to rectify an injustice takes time.
significant time. Due to the particular circumstances in Nigeria, court summons are uncommon.
Considerable time is required to determine the various rights of parties.
significant potential injury to the target of the lawsuit. The topic of legal doctrine is
popularly known as the residence. In such situations, the res would need to
be safeguarded against waste, damage, and dissipation by all parties.
The origins of injunction may be traced back to the late 16th century.
a dispute between the common and Chancery courts regarding the Chancery’s authority to make orders.
injunction in the instances prior to its manifestation
1. Chief Justice Coke was Justice Coke
Lord Ellesmere was Lord Chancellor during the Common Law Counts when Lord Ellesmere was in charge of the Common Law Counts.
Chancery. The authority of Chancery was questioned by Justice Coke, namely its jurisdiction.
to award a common injunction preventing the execution of the court’s verdict
Common law tribunals The judge threatened to impose a ban order against
Chancerys interference with Common law court judgments/decisions through its
issue of a general injunction2
Lord Ellesmere of the Chancery division said notwithstanding that
Chancery possessed the authority to give common injunctions against the rulings of the lower courts.
Common law courts which were tyrannical or soulless. The dispute was between
resolved in the case of Earl of Oxford, in which the Chancery prevailed, that
It may issue injunctions against the decisions of courts of common law.
An Introduction to Equity in Nigeria, authored by G. Koddinye. Ibadan, Spectrums Books Limited (2008)P. 3
2 Usman A. K., the Law and Practice of Equity and Trust, Faith International Printers, Zaria, Nigeria, 2012, page 12.
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In the Earl of Oxford case, it was likewise determined that equity should prevail.
Whenever there is a contradiction between it and common law, it takes precedence. However, after series
relating to Lords Ellesmere and others’ efforts to achieve autonomy for the Chancery
Also empowering the Common Law were the Common Law Procedure Acts of 1854 and 1860.
Counts must apply the laws of equity to the situations before them, irrespective of those rules.
being contrary to the established common law regulations. This was done in order to
the frequency of duplicate lawsuits for the same cause of action
This is inside
in order to save plaintiffs time and money throughout the litigation process. In a different vein,
Chancery courts had the authority to judge all proceedings of common law without exception.
referencing the Common Law court in any way. To amend the Chancery Act of
In 1852, Chancery was granted limited authority in some circumstances, such as the awarding of property.
In addition to or in place of injunction and breach of contract, damages may be awarded.
Nonetheless, the Judicature Acts of 1873 reflected the complete revolution.
to 1875 and 1880’s Administration of Justice Act. Each of the extant superior courts
were dissolved by the preceding Acts and replaced by the Supreme Court of
Judicature
THE IMPORTANCE OF INJUNCTIONS IN JUSTICE DISPENSATION IN NIGERIA
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