CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO INJUNCTION (EQUITABLE REMEDIES)
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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO INJUNCTION (EQUITABLE REMEDIES)
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| TITLE | MAIN ISSUES |
| 7-UP BOTTLING COMPANY LTD. & ORS V. ABIOLA AND SONS NIGERIA LTD | EQUITABLE 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 CORPORATION | INJUNCTION:- Mareva injunction -Aim and effect of – Jurisdiction of court to grant – When exercisable. |
| A.G. ONDO STATE V. A.G. EKITI STATE | INJUNCTION:- 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 PLC | INJUNCTION:– 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 ORS | INJUNCTION – 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 AKINDE | INJUNCTION – Claim of injunction – Where it relates to land – Burden on plaintiff seeking. |
| ADESANYA V. PRESIDENT OF NIGERIA AND ANOTHER | INJUNCTION:- 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. LEMONU | INJUNCTION:- 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 JADESIMI | INJUNCTION:– interim and ex parte order |
| ADOMBA AND OTHERS V ODIESE AND OTHERS | |
| AFRICAN CONTINENTAL BANK LIMITED V. AWOGBORO | INJUNCTION:- 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 ANOTHER | INJUNCTION:- 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 AYANTUYI | INJUNCTION – 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 & Ors | INTERLOCUTORY INJUNCTION:- The need for an applicant seeking interlocutory injunction to take an undertaking to pay damages |
| A-G ANAMBRA STATE V. ROBERT C. OKAFOR | INJUNCTION:- 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 LIMITED | INJUNCTION:- Interim Injunction – Substantial issue prima facie case for relief. |
| AIR VIA LIMITED V. ORIENTAL AIRLINES LIMITED | INJUNCTION:- Interlocutory injunction to restrain proceedings relating to winding-up of company – Determination of – Relevant considerations. |
| AJERO V UGORJI | INJUNCTION:- Possession – Where plaintiff establishes possession of land -Need to grant injunction to protect. |
| AJEWOLE v ADETIMO | INJUNCTION:- 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-HABEEB | INJUNCTION:- 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 ANOR | INJUNCTION:- 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. ODUNTAN | INJUNCTION:- Interlocutory injunction – Basis and aim of grant of. INJUNCTION:- Interlocutory injunction – When it will be granted – When it will not be granted. |
| AKINOLA V. JAMES | INJUNCTION:‑ Interlocutory injunction ‑ Application for ‑ Duty to make out a case injunction order ‑ How done ‑ On whom it lies. |
| AKOGUN v ASADE | INJUNCTION:– 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 LTD | INJUNCTION:- Injunctive orders |
| ALHAJA SILIFATU OMOTAYO v. CO-OPERATIVE SUPPLY ASSOCIATION | EQUITABLE 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 LTD | INJUNCTION:- Interlocutory injunction – Principle guiding grant of |
| AMERICAN CYANAMID CO V. ETHICON LTD | INJUNCTION:– 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 ANOWO | INJUNCTION:- 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. OBALORO | INJUNCTION:- 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 NNACHO | INJUNCTION:- 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 FEDERATION | INJUNCTION:- Order of injunction – Where plaintiff has nothing to protect – Whether will be granted. |
| B V B (INJUNCTION RESTRAINT ON LEAVING JURISDICTION | INJUNCTION:- 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. ODUMERU | INJUNCTION:- Purpose of relief sought |
| BADEJO V FEDERAL MINISTER OF EDUCATION | INJUNCTION:- 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 YUILL | INJUNCTION:- 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 LIMITED | EQUITABLE 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 OTHERS | INJUNCTION:- 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 STATE | INJUNCTION:- Stay of execution – Interlocutory injunction – Stay of execution of order – Principles applicable. |
| CHIEF KALU IGWE V. CHIEF OKUWA KALU | INJUNCTION:- Interlocutory injunction pending appeal – Application therefor -When it will be granted – Relevant considerations. |
| CO-OPERATIVE AND COMMERCE BANK (NIGERIA) PLC. V. OGOCHUKWU OKPALA & ANOR | EQUITABLE 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 ANOTHER | INJUNCTIONS – 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 UWAGBA | INJUNCTION:- Absence of plan in claim therefor – Effect of. |
| 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. |
| ENWEREMADU Vs. OHAJURUKA | INJUNCTION – Injunctive relief – dependence of same on a principal claim. |
| FABUMIYI AND ANOTHER V. OBAJI AND ANOTHER | INJUNCTION – CIVIL ACTION:- Injunction to restrain defendant from further acts of trespass – Whether it may issue against personal representatives substituted for deceased defendant |
| FALOMO V BANIGBE | INJUNCTION-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 II | INJUNCTION:– Interlocutory injunction – Grant of |
| FEDERAL BANK OF THE MIDDLE EAST LTD V HADKINSON AND OTHERS | INJUNCTION:- 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 AMADI | INJUNCTION:– Claim for injunction over a piece of land – whether can succeed where there is no trespass to land. |
| GABRIEL EMACHKWU ADAH v JOHN OKO ADAH | INJUNCTION – Injunction – Order of injunctive relief – When such could be granted by court. |
| GALAXIA MARITIME SA V MINERALIMPORTEXPORT THE ELEFTHERIOS | INJUNCTION:– 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 LDA | INJUNCTION:- 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. GREEN | INJUNCTION:- Propriety of granting an injunction when the substantive right had not been established. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
