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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO INJUNCTION (EQUITABLE REMEDIES)

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO INJUNCTION (EQUITABLE REMEDIES)

[This Index in full and Judgment(s)/listed and published here can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]

TITLEMAIN ISSUES
7-UP BOTTLING COMPANY LTD. & ORS V. ABIOLA AND SONS NIGERIA LTDEQUITABLE REMEDY – INJUNCTION: Guiding principles to grant of interlocutory injunction. EQUITABLE REMEDY – INJUNCTION: Nature of injunctions EQUITABLE REMEDY – INJUNCTION: Distinction between Interlocutory injunction and Interim injunction
A. I. C. LIMITED V. NIGERIAN NATIONAL PETROLEUM CORPORATIONINJUNCTION:- Mareva injunction -Aim and effect of – Jurisdiction of court to grant – When exercisable.
A.G. ONDO STATE V. A.G. EKITI STATEINJUNCTION:- Applicant for injunctive relief – what applicant must show. INJUNCTION – Injunctive relief – nature and objective of. INJUNCTION – Injunctive relief – need for court in considering an application for same to look at the entire case.
ABUBAKAR V. UNIPETROL NIGERIA PLCINJUNCTION:– Mandatory injunction in an interlocutory application – When Court can issue same to reverse a step already taken by an applicant.
ADEDIJI AND ANOTHER V. AKINTARO AND ORSINJUNCTION – Interlocutory injunction – Condition for grant
ADEGBENRO V A.G.  FED. (NO.1)INJUNCTION – To restrain Administrator appointed under the Emergency Powers Act from exercising his power pending the determination of the action – Court not to make an order which is likely to worsen situation al­ready created.
ADELUSOLA  V AKINDEINJUNCTION – Claim of injunction – Where it relates to land – Burden on plaintiff seeking.
ADESANYA V. PRESIDENT OF NIGERIA AND ANOTHERINJUNCTION:- Claim for injunction – As an adversary claim which cannot be established without any allegation of infraction of or trespass or threat of infraction of or trespass to one’s civil rights being set out – Implication for locus standi of plaintiff and a claim based on unconstitutionality of act
ADESHINA V. LEMONUINJUNCTION:- Action for injunction against interference with public right – Need vel non to join Attorney-General – Plaintiff suffering special damage – How treated
ADOLO OKOTIE-EBOH  V. ALERO JADESIMIINJUNCTION:– interim and ex parte order
ADOMBA AND OTHERS V ODIESE AND OTHERS
AFRICAN CONTINENTAL BANK LIMITED V.  AWOGBOROINJUNCTION:- Interlocutory injunction – Nature and objective of remedy thereof. INJUNCTION:- Mareva injunction -Jurisdiction of court -When waived.
AFRICAN CONTINENTAL BANK LTD AND ANOTHER v. AWOGBORO AND ANOTHERINJUNCTION:- Application for-Consideration of- Duty on court not to consider issues to be decided in the substantive case. INJUNCTION:- Interlocutory injunction -Jurisdiction of court to grant -Exercise of – Principles guiding. INJUNCTION – Interlocutory injunction – Principles guiding the grant of.
AFRO CONTINENTAL NIGERIA  LIMITED V AYANTUYIINJUNCTION – Grant of injunction – Failure of trial court to extract under­taking as to damages – Course open to Court of Appeal – Whether to dis­charge the order of injunction or to extract the necessary undertaking. INJUNCTION – Grant of injunction – Failure of trial court to extract under­taking as to damages – Whether Court of Appeal can so extract – Deci­sion in Kotoye v. C.B.N. (1989) 1 NWLR (Pt. 98) 419- Whether given per incuriam.
AFRO-CONTINENTAL NIGERIA LTD. V. JOSEPH AYANTUYI & OrsINTERLOCUTORY INJUNCTION:- The need for an applicant seeking interlocutory injunction to take an undertaking to pay damages
A-G ANAMBRA STATE V. ROBERT C. OKAFORINJUNCTION:- Remedies -Injunction – Mandatory injunctions -Evolution of- Considerations applying to the grant of – Principle in Ojukwu’s case – Scope and applicability of –
AGBAJE V. IBRU SEA FOOD LIMITEDINJUNCTION:- Interim Injunction – Substantial issue prima facie case for relief.
AIR VIA LIMITED  V. ORIENTAL AIRLINES LIMITEDINJUNCTION:- Interlocutory injunction to restrain proceedings relating to winding-up of company – Determination of – Relevant considerations.
AJERO V UGORJIINJUNCTION:- Possession – Where plaintiff establishes possession of land -Need to grant injunction to protect.
AJEWOLE v ADETIMOINJUNCTION:- Injunctive relief – Principle guiding grant of – Whether will be granted to restrain act already completed. INJUNCTION:- Interim/Interlocutory injunction – Applicant thereof – Duty on to establish existence of urgency – Failure to so do – Effect.
AKAPO V. HAKEEM-HABEEBINJUNCTION:- Interlocutory injunction – Claim for – Duty of the trial Judge hearing same – Injunctions – What applicant need establish – Grant of – Essence of – Whether can be granted without proof of actual injury or pecuniary damage.
AKERELE V ATUNRASE
AKIBU AND ORS V. AZEEZ AND ANORINJUNCTION:- Trespass and injunction – Whether a person not in possession of land and who had no title to the land can sue for trespass and injunction.
AKIBU  v. ODUNTANINJUNCTION:- Interlocutory injunction – Basis and aim of grant of. INJUNCTION:- Interlocutory injunction – When it will be granted – When it will not be granted.
AKINOLA  V. JAMESINJUNCTION:‑ Interlocutory injunction ‑ Application for ‑ Duty to make out a case injunction order ‑ How done ‑ On whom it lies.
AKOGUN  v ASADEINJUNCTION:– Injunction pending appeal – whether will be granted merely because there are substantive grounds of appeal. INJUNCTION:– Injunction pending appeal – essence of.
ALEXANDER MARINE MANAGEMENT V. KODA INTERNATIONAL LTDINJUNCTION:- Injunctive orders
ALHAJA SILIFATU OMOTAYO v. CO-OPERATIVE SUPPLY ASSOCIATIONEQUITABLE REMEDY – INJUNCTION:- What Plaintiff must prove to succeed in the claim for injunction – Whether Court will grant an injunction where damages are awarded for trespass to land and there is an ancillary claim for an injunction
ALLIED BANK PLC V BRAVO W.A LTDINJUNCTION:- Interlocutory injunction – Principle guiding grant of
AMERICAN CYANAMID CO V. ETHICON LTDINJUNCTION:– Interlocutory – Jurisdiction to grant – Principles on which interlocutory injunction to be granted – No need to be satisfied that permanent injunction probable at trial – Protection of parties – Balance of convenience – Criteria – Rule identical in patent cases
AMORC (NIG.) V AWONIYI (CA)INJUNCTION:- Publication of on unpublished work- When court will rest­rain.
ANOWO v ANOWOINJUNCTION:- Interlocutory injunction – Grant of – When just and convenient to grant – Meaning of just and convenient. INJUNCTION:- Interlocutory injunction – “Just or convenient ground for grant of – Meaning of.
 ARO V. OBALOROINJUNCTION:- Vendor and purchaser -Declaration of title to land-Action for possession, damages for trespass and injunction – Defendant signing document in respect of sale of land Claim that document was acknowledgment of loan and not sale -Defendant pleading illiteracy – Lender was vendor of land, caretaker for defendant – Vendor selling and conveying land to plaintiff – Validity of sale.
ATTAH V NNACHOINJUNCTION:- Civil Action – Consolidation of suits – pleadings complete in one, not in the other – Trial without objection – Area of land in dispute – Pleadings and plan against community, with exception of certain persons.
ATTORNEY-GENERAL OF ABIA STATE AND 35 ORS V ATTORNEY-GENERAL OF THE FEDERATIONINJUNCTION:- Order of injunction – Where plaintiff has nothing to protect – Whether will be granted.
B V B (INJUNCTION  RESTRAINT ON LEAVING JURISDICTIONINJUNCTION:- Post-judgment order restraining defendant from leaving jurisdiction – Consent order disposing of action brought by husband and providing for husband to pay wife’s costs – Husband failing to pay wife’s costs – Husband foreign national on visit to England – Whether court having power to restrain husband from leaving jurisdiction until he paid wife’s costs – Supreme Court Act 1981, s 37(1).
BABATUNDE  ADENUGA V. J. K. ODUMERU(2)INJUNCTION:- Interlocutory injunction – Affidavit in support of application thereof-What it must disclose. INJUNCTION:- Interlocutory injunction – Duty on plaintiff seeking order of – What he must show – How he must show it. INJUNCTION:- Interlocutory injunction – Principle guiding grant of
BABATUNDE ADENUGA  v J. K. ODUMERUINJUNCTION:- Purpose of relief sought
BADEJO V FEDERAL MINISTER OF EDUCATIONINJUNCTION:- Ex parse order of injunction – Grant of- Present attitude of court thereto. INJUNCTION:- Order of injunction – Whether remedy for a completed act.
BARCLAY-JOHNSON V YUILLINJUNCTION:- Interlocutory – Justification – Danger that defendant may transfer assets out of jurisdiction _ Injunction restraining removal of assets out of the jurisdiction INJUNCTION:- Mareva Injunction – Jurisdiction to grant Mareva injunction against citizen  domiciled out of jurisdiction –  Whether Mareva jurisdiction restricted to preventing foreigners from removing assets out of jurisdiction.
BENUE STATE COMMISSIONER FOR WORKS v DEVCON DEVELOPMENT CONSULTANTS LIMITEDEQUITABLE REMEDIES- Injunctions – Interlocutory injunction to restrain the breach of a contract already repudiated – Competence of – Relevant consideration for the grant of interlocutory injunctions – When a court may grant – What an applicant in a motion for grant of interlocutory application must prove – Purpose of interim injunctions – Cognisable legal rights as precondition for grant of an injunction – Declaration – Declaratory order – Declaration for invalidity of consumated acts – Competence of.
BOLIVINTER OIL SA V CHASE MANHATTAN BANK AND OTHERSINJUNCTION:- Ex parte injunction – Matters to be considered before granting injunction – Injunction prohibiting payment of irrevocable letter of credit etc – Injunction not normally to be granted in absence of substantial challenge to validity of letter of credit etc – Uncorroborated statement of bank’s customer not normally sufficient evidence.
C. C. B. (NIG.) PLC. v. A. G., ANAMBRA STATEINJUNCTION:- Stay of execution – Interlocutory injunction – Stay of execution of order – Principles applicable.
CHIEF KALU IGWE V. CHIEF OKUWA KALUINJUNCTION:- Interlocutory injunction pending appeal – Application therefor -When it will be granted – Relevant considerations.
CO-OPERATIVE AND COMMERCE BANK (NIGERIA) PLC. V. OGOCHUKWU OKPALA & ANOREQUITABLE REMEDY – INJUNCTION: Whether an injunction can be granted to prevent any threatened or apprehended waste in order to arrest further waste or trespass
DEN NORSKE BANK ASA V. ANTONATOS AND ANOTHERINJUNCTIONS – MAREVA:- Pre-trial or post-judgment relief – Mareva injunction – Plaintiff suspecting breach of order and applying to cross-examine defendant – Whether cross-examination should be allowed – Whether defendant entitled to rely on privilege against self-incrimination.
ELABANJO V. DARLINGTON
EMUEYAN V UWAGBAINJUNCTION:- Absence of plan in claim therefor – Effect of.
ENEKWE V INTERNATIONAL MERCHANT BANK OF NIGERIA LTDINJUNCTION:- Ex parse injunctions – Rationale for grant of – Duration of INJUNCTION:- Ex-parte injunction – Nature of – Where unconstitutional – Principles governing grant of.
ENWEREMADU Vs. OHAJURUKAINJUNCTION – Injunctive relief – dependence of same on a principal claim.
FABUMIYI AND ANOTHER V. OBAJI AND ANOTHERINJUNCTION – CIVIL ACTION:- Injunction to restrain defendant from further acts of trespass – Whether it may issue against personal representatives substituted for deceased defendant
FALOMO V BANIGBEINJUNCTION-Interlocutory injunction -Application for – Court entertaining – Power of to restrain both parties – When exercisable. INJUNCTION:- Interlocutory injunction – Application for – Principles guiding grant of.
FASORO AND ANOTHER. V. BEYIOKU AND OTHERS IIINJUNCTION:– Interlocutory injunction – Grant of
FEDERAL BANK OF THE MIDDLE EAST LTD V HADKINSON AND OTHERSINJUNCTION:- Pre-trial or post-judgment relief – Mareva injunction – Assets – Assets covered by injunction – Claimant obtaining freezing order prohibiting defendants from disposing or dealing with `their assets and/or funds’- Principal defendant transferring funds from accounts held in his name to accounts held in wife’s name – Whether transfers breaching order if defendant having no beneficial interest in accounts.
FELIX CHINDA V AMADIINJUNCTION:– Claim for injunction over a piece of land – whether can succeed where there is no trespass to land.
GABRIEL EMACHKWU ADAH v JOHN OKO ADAHINJUNCTION – Injunction – Order of injunctive relief – When such could be granted by court.
GALAXIA MARITIME SA V MINERALIMPORTEXPORT THE ELEFTHERIOSINJUNCTION:– Interlocutory – Mareva Injunction – Justification – Danger that defendant may transfer assets out of jurisdiction – Injunction restraining removal of assets out of or disposal within jurisdiction – Protection of interests of innocent third parties – Relevant considerations
GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDAINJUNCTION:- Pre-trial or post-judgment reliefs – Mareva injunction – Discovery in aid of injunction – Arbitration award – Post-award injunction restraining removal of assets out of or disposal within jurisdiction – Worldwide disclosure order – Whether court having unlimited jurisdiction to order disclosure of assets to facilitate enforcement of award – Whether scope of disclosure order limited to extent of Mareva relief – Arbitration Act 1950, s 12(6)(f)(h) – Supreme Court Act 1981, s 37(1).
GREEN vs. GREENINJUNCTION:- Propriety of granting an injunction when the substantive right had not been established.
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