CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO INJUNCTION (EQUITABLE REMEDIES) (2)
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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INJUNCTION (EQUITABLE REMEDIES) – CASES/JUDGMENTS OF NIGERIAN COURTS – 2
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| TITLE | MAIN ISSUES |
| HON. JUSTICE T.A.A. AYORINDE V. A-G AND COMMISSIONER FOR JUSTICE, OYO STATE | INJUNCTION:- Interlocutory injunction – Order of —Grant of -Discretionary nature of INJUNCTION:- Interlocutory injunction – Principles guiding grant of – Relevant consideration INJUNCTION:- Interlocutory injunction – Whether will be granted to restrain completed act INJUNCTION:- Status quo for purposes of granting order of injunction -Meaning of – Relevant consideration. |
| INCORPORATED TRUSTEES OF NIGERIA ASSOCIATION OF GENERAL PRACTICE PHARMACISTS EMPLOYERS V. PHARMACISTS COUNCIL OF NIGERIA | INJUNCTION – RESTRAINING ORDER: Essence of a restraining order INJUNCTION – RESTRAINING ORDER PENDING APPEAL: Points that needs to be satisfied by a party seeking for a restraining order pending appeal |
| IPADEOLA V OSHOWOLE | INJUNCTION:- Injunctions – Mandatory and preventive – Powers of trial Judge – Order of demolition by trial Judge – Such demolition to be done by certain government functionaries by statute – Whether order exercise of executive rather than judicial power by trial Judge and therefore null – Separation of powers – Sections 4, 5, 6 of the 1979 Constitution – Injunctions To be granted with caution. |
| IYASERE V DOGHOR | INJUNCTION – Grant of – Limitation. |
| JOHN HOLT v. HOLTS AFRICAN WORKERS | INJUNCTIONS:- Interlocutory injunction – Grant of-Applicable principles. INJUNCTION – INTERLOCUTORY INJUNCTION:- Applicable principles – When not strictly observed – Effect. |
| JOHNSON V SARKIS | INJUNCTION: |
| KOTOYE V. C.B.N. | INJUNCTION:– Application to discharge order of interlocutory injunction – whether can ever arise. INJUNCTION:– Ex parte injunction – distinction between ‘real urgency’ and ‘self induced urgency’ as a condition for granting same. INJUNCTION:– Ex parte injunction in view of right to fair hearing under s. 33 1979 Constitution – basis of. |
| KUFEJI V KOGBE | INJUNCTION:- Interim injunction with respect to land – Relevant considerations – Application of the principle of id certum est quod certum reddi potest |
| LAFFERI NIGERIA LIMITED VS. NAL MERCHANT BANK PLC | INJUNCTION:– Application for interlocutory injunction – Onus on applicant to establish that he has a serious issue for trial INJUNCTION:– Interlocutory injunctions – factors which a court must consider in granting or refusing to grant same. INJUNCTION:– Determination of interlocutory injunction- Need for trial court to refain leave matters touching the substantive suit until the trial of the action. |
| LASISI AYANRINOLA AKAYEPE & ANOR. V. GANIYU AYANRINOLA AKAYEPE | EQUITABLE REMEDY – INJUNCTION: When a party shall be entitled to an injunction on family property/land |
| LAWAL V SALAMI | INJUNCTION:- Order of injunction – Where based on wrong principle of law – Attitude of appellate court thereto. |
| LAWRENCE CHUKWUMA O. WILLIAMS V GREGORY MOKWE & ANR | INJUNCTION: |
| LAWSON V AJIBULU | INJUNCTION:- Declaration of title, damages for trespass and injunction – Claim therefor – Where claims for title and trespass fail – Effect on claim for injunction – Whether can succeed on its own. |
| LUKAN V. OGUNSUSI | INJUNCTION AND LAND LAW – Damages for trespass – Sale of family land without consent of family head – Whether valid – Whether injunction can apply |
| MALLAM SAIDU AMORI v. YAKUBU IYANDA | EQUITABLE REMEDY – INJUNCTION: Whether an injunction can be granted to protect the proved right of a party |
| MAREVA COMPANIA NAVIERA SA V INTERNATIONAL BULKCARRIERS SA | INJUNCTION:- Interlocutory – Danger that defendant may transfer assets out of jurisdiction – Injunction restraining disposition of defendant’s assets within jurisdiction – Whether court having jurisdiction to grant injunction in advance of judgment – Supreme Court of Judicature (Consolidation) Act 1925, s 45(1). |
| MARINE & GENERAL ASSURANCE COMPANY PLC. V. OVERSEAS UNION INSURANCE LTD. & ORS | |
| MATTHEW OKECHUKWU ENEKWE V. INTERNATIONAL MERCHANT BANK OF NIGERIA LTD. & ORS. | EQUITABLE REMEDY – INJUNCTION: Whether the grant of exparte injunction is unconstitutional |
| MERCANTILE GROUP (EUROPE) AG V. AIYELA AND OTHERS | INJUNCTION:- Mareva Injunction – Court granting Mareva injunction against first defendant and making disclosure order against fourth defendant requiring her to provide information about defendants’ assets – Evidence that fourth defendant mixed up in efforts of first defendant to defeat execution of judgment – Whether court ha jurisdiction to make disclosure order against fourth defendant – Supreme Court Act 1981, s 37(1). |
| MOROHUNFOLA V KWARA STATE COLLEGE OF TECHNOLOGY | EQUITABLE REMEDY – INJUNCTION: Whether the grant of exparte injunction is unconstitutional |
| MOTUNWASE V. SORUNGBE | JUDGMENT AND ORDERS:- Injunction – Court’s discretion thereto – How exercised |
| MR. ALLI KESERUANI V COMFAX NIGERIA LIMITED | INJUNCTIONS:– Ex-parte injunction – grant of – principles governing – nature of jurisdiction exercised by court. |
| NATIONAL INVESTMENT PROPERTIES CO LTD V THE THOMPSON ORGANISATION LTD | INJUCTION: |
| NELSON V. NELSON | INJUNCTION – MAREVA:- Wrongful grant of Mareva injunction – Liability of applicant in costs of proceeding for same – When Solicitors of applicant may become personally liable |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. FAMFA OIL LIMITED & ANOR | |
| NIGERIAN SUPPLIES MANUFACTURING CO LTD V N B C | INJUNCTION:- Injunction to restrain breach of contract – Whether appropriate remedy – Date of writ among factors to be considered. |
| NIPPON YUSEN KAISHA V KARAGEORGIS AND ANOTHER | INJUNCTION:– Interlocutory – Jurisdiction to grant injunction where just and convenient to do so – Danger that defendant may transfer assets out of jurisdiction – Injunction restraining disposition of defendant’s assets within jurisdiction – Whether court having jurisdiction to grant injunction in advance of judgment – Supreme Court of Judicature (Consolidation) Act 1925, s 45(1). |
| OBA JAMES ADELEKE & ORS. v. NAFIU ADEWALE LAWAL & ORS. | INJUNCTION:- Conditions for the grant of interim and interlocutory injunctions – whether discretionary – whether breach of an injunction is a contempt of court – justification for the grant – need to preserve the subject matter ‘res’ in dispute or the maintenance of the ‘status quo’ through the judicial process of the equitable order of injunction – other relevant considerations |
| ODUME V NNACHI | |
| ODUNTAN V. GENERAL OIL LIMITED | INJUNCTION -Interlocutory injunction – Application therefor by corporate body |
| OGBONNAYA V ADAPALM NIGERIA LIMITED | INJUNCTION:- Interlocutory injunction – Application therefor – Discretionary nature of remedy – Relevant considerations for grant of INJUNCTION:- Interlocutory injunction – Application therefor – What applicant must show to succeed. INJUNCTION:- Interlocutory injunction – Object of – Whether can issue in respect of wrong already committed. |
| OKAFOR V.A.G. ANAMBRA STATE – CA | INJUNCTION- relief – need to be based on a principal relief |
| OKAFOR Vs. ONWE | INJUNCTION:– Discretion of court to grant injunction – need to exercise same judicially and judiciously. INJUNCTION:– Injunctive relief – whether can be granted to restrain an act that has already taken place. INJUNCTION:– Interlocutory injunction – principle guiding grant of same. |
| ORJI V ZARIA INDUSTRIES LTD. | INJUNCTION:- Balance of Convenience – Guiding principles in consideration thereof – Interlocutory matters – Duty of court thereto. |
| OSAGIE VS. ARASOMWAN | INJUNCTION:– Interlocutory injunction – application for grant of – need for same to show there are serious issues to be determined not just a prima facie case INJUNCTION:– Interlocutory injunction – application for grant of – whether act of defendant causing injury to plaintiff is sufficient for granting same. |
| OYEYEMI V IREWOLE LOCAL GOVERNMENT IKIRE | INJUNCTIONS:- Interlocutory applications – Application for interlocutory injunction – Same granted on point not appealed against – What it amounts to. |
| PRINCE ABDUL RAHMAN BIN TURKI AL SUDAIRY V. ABU-TAHA AND ANOTHER | INJUNCTIONS:- Interlocutory Injunction – Mareva – Justification of – Danger that defendant may transfer assets out of jurisdiction – Injunction restraining removal of assets out of jurisdiction – Whether Mareva jurisdiction restricted to preventing foreigners resident abroad from removing assets out of jurisdiction |
| PRINCE NGENE V. CHIKE IGBO & ANOR | INJUNCTION:– Land in dispute – whether an order of injunction will be granted to protect the possessory rights of a claimant. |
| RUFAI AGBAJE V. ADELEKAN | INJUNCTION – INTERIM INJUNCTION:- Substantial issue prima facie case for relief. |
| SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED V. CHIEF TIGBARA EDAMKUE & ORS | INJUNCTION – APPLICATION FOR STAY OF EXECUTION AND INJUNCTION:- Requirement for the grant of application for stay of Execution and injunction pending appeal |
| TIMOTHY ADEILO ADEFULU & 12 OTHERS V BELLO OYESILE & 5 OTHERS | INJUNCTION: |
| TOTAL (NIG.) LIMITED AND ANOTHER V. NWAKO AND ANOTHER | INJUNCTION:- Land Law – Declaration of title – Damages for trespass – Judgment in favour of plaintiff in High Court – Most of evidence considered and accepted not pleaded – Many subsidiary issues on which main issue depends not determined – Whether justice met by order of retrial. |
| TOTAL NIGERIA PLC. V. VICTORIA ISLAND & IKOYI RESIDENTS | INJUNCTION:- Interlocutory injunction – Purpose of- Application for – Grant or refusal of – Principles guiding. INJUNCTION:- Interlocutory injunction – Balance of convenience – Weighing of-Relevant considerations. INJUNCTION:- Interlocutory injunction – Application therefor – Determination of – Duty on court – Need to avoid resolving conflicts in affidavit evidence upon which the main suit is predicated – Need to avoid prejudging substantive suit. |
| UGOJI V ONUKOGU | INJUNCTION:- Trespass to land – Plaintiff claiming order of injunction to restrain – Where defendant in possession – Duty on plaintiff. |
| UHUNMWANGHO V OKOJIE2 | INJUNCTION:- Mandatory – Restraining – Enforceability – English Rules –Applicability |
| UNION BEVERAGES LTD. V. PEPSICOLA INT. LTD. | INJUNCTION:- Contract between .Nigerian company and foreign company -. Application for injunction to restrain termination of the agreement Joinder of Nigerian .subsidiary company but failure to join foreign parent company Effect – Whether application competent. INJUNCTION:- Interlocutory injunction – Damages being adequate remedy for injury complained of – Whether injunction should still be granted. INJUNCTION:- Interlocutory injunction -Need to show existence of a legal right by applicant – Failure to disclose same – Effect. |
| WEMA BANK PLC v RAFIU ADETUNJI ADEBOWALE | INJUNCTION:– Interim injunction – need for court to obtain undertaking as to damages. |
| WOLUCHEM AND OTHERS V. GUDI AND OTHERS | |
| YALAJU-AMAYE V. ASSOCIATED REGISTERED CONTRACTORS | JUDGMENT AND ORDER:- Injunction Order of injunction – Entitlement thereto – How determined |
| YUSUF BABATUNDE ANISU v PRINCE JAMES ADELEKE OSAYOMI | INJUNCTION:– Interlocutory order – nature and rationale for the life span thereof. INJUNCTION:– Interlocutory order “pending the determination of the suit” – meaning and life span thereof. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
