DRAFT - INTERIM INJUNCTION & INTERLOCUTORY INJUNCTION - CIVIL LITIGATION - NIGERIAN LAW SCHOOL
Автор: Dieko Daniels
Загружено: 2024-09-12
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In this lecture, we will focus on drafting interim and interlocutory applications, specifically injunctions. Here's a brief overview of what was covered in the previous class:
An injunction is a court order aimed at maintaining the status quo by directing a person or entity to refrain from certain actions until the case is resolved. The key purpose is to preserve the peaceful state of affairs that existed immediately before the dispute arose.
We discussed:
Injunctions: These are orders to stop a party from taking specific actions that could affect the outcome of a lawsuit. They are granted to ensure that the subject matter of the suit remains undisturbed.
Criteria for Granting: Injunctions can only be granted regarding matters directly claimed by the applicant. A defendant can seek an injunction if they have a counterclaim.
Status Quo: The status quo refers to the peaceful state immediately before the dispute, not the state before any wrongful acts like trespass.
Types of Injunctions:
Interlocutory Injunctions: Temporary orders that last until the case is decided.
Perpetual Injunctions: Permanent orders granted at the conclusion of a suit.
We also reviewed relevant procedural rules from the Abuja and Lagos High Court Rules, which provide the framework for applying for and granting injunctions.
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