Abstract
The focus of this research is the significance of injunctions in dispensing justice in Nigeria. Injunctions are court orders that prohibit or command certain actions, and are typically sought during legal proceedings. The main purpose of an injunction is to maintain the status quo of the subject matter in dispute. This research aims to examine the challenges and difficulties in obtaining injunctions, specifically the legal requirements and procedures for applying for the equitable remedy of an injunction. The study will also analyze the importance of interim and interlocutory injunctions in justice dispensation in Nigeria. The research methodology primarily involves a doctrinal approach, using both primary and secondary sources of law. It has been observed that there is a fundamental contradiction or legal conflict between the constitutional principle of fair hearing for all parties and the rules of courts and various High Court Rules which allow for the hearing of only one party in cases of interim injunctions. It is recommended that both principles be allowed to coexist, as they are both important for the determination of the case.”
The issue being addressed in this research is based on a review of literature and the researcher’s personal experience in the field. The legal requirements and procedures for obtaining an injunction, a court order that prohibits or commands certain actions, can be difficult to meet. For example, an applicant must prove they have a legal right to protection over the subject matter, and must also meet other conditions such as showing that damages are not a sufficient remedy. These requirements and procedures can make it challenging for an applicant to obtain an injunction despite its significance in achieving justice. The goal of this research is to examine this problem and propose solutions.
1.3 Aim and objectives
This research work aims at identifying the significant significance of the equitable remedies of interim and interlocutory injunctions in justice dispensation in Nigeria. Furthermore, the objectives this research work sets out to achieve includes among others:
1. Critically discuss and analyze the interim and interlocutory injunctions.
2. Examine the problems associated with some of the conditions and procedure for the grant of the interim and interlocutory injunctive orders.
3. Determine the significance of interim and interlocutory injunctions towards attainment of justice in Nigeria.
4. Assess the attitudes of courts and Counsel in handling the matters for interim and interlocutory injunctions.
1.4 Justification
What attracted the researcher to embark on a research in this area is what is observed in the impact of the injunctive orders in the administration of justice in Nigeria vis-à-vis the present trends of courts of granting or refusing such orders of injunction without any concrete legal reasoning as to why such orders are granted or refused. Conducting a research into courts wrongful granting or refusal of the order of injunction would assist in the development of the equitable remedies of injunction. The study will help in identifying a simpler and more acceptable means or procedure for the application and grant of the orders of injunction and will assist in general education to legal practitioners, scholars, members of the bench, law students and the public at large.
Scope of the research
The scope of this research work deals substantially with equitable remedy of injunction to wit interim and interlocutory injunctions, their application and how they help in the dispensation of justice in Nigeria. The scope also includes the likely
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