EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM

EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM

ABSTRACT

Injunction serves as an order of equitable nature restraining the person to whom it is directed from performing a specified act or in certain exceptional circumstances cases requiring him to perform a specified act.  Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. In the former case it is called a restrictive and prohibitory injunction and in the latter a mandatory or positive injunction. This work examines the basis and nature of injunction, the first is the exercise of the granting of injunction to prevent an impending or a threatened breach of a legal or equitable right. The second basis for the granting of injunction is the prevention of the defendants from infringing or breaching the legal or equitable right of the plaintiff but rather a need to prevent the defendant from acting in a manner which is unconscionable and contrary to equitable principles. The court grants injunction on the second basis on the ground that it is just and convenient to do so. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. The work further examines the need for the Nigerian court to grant injunctions in matters of extreme urgency and the power of the court in granting injunction. It also considers the procedure by which the Nigerian courts grant the application of any type of injunction as well as the grounds that are sine qua non before the application of injunction is granted by the Nigerian courts. Finally, the work is concluded with a succinct summary and recommendation.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATION

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF STUDY

1.3.0: FOCUS OF STUDY

1.4.0: SCOPE OF STUDY

1.5.0: METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: DEFINITION OF TERMS

1.8.0: CONCLUSION

CHAPTER TWO

HISTORY, DEFINITION AND DEVELOPMENT OF INJUNCTION IN NIGERIA
JUDICIAL SYSTEM.

2.0.0: INTRODUCTION

2.1.0: HISTORY OF INJUNCTION

2.2.0: MEANING OF INJUNCTION

2.3.0: DOCTRINAL BASIS OF INJUNCTION AND ITS APPLICATION IN NIGERIA JUDICIAL SYSTEM

2.4.0: NATURE AND PURPOSE OF INJUNCTIONS

2.5.0: CONCLUSION

CHAPTER 3

TYPES OF INJUNCTION AND ITS ENFORCEMENT

3.0.0: INTRODUCTION

3.1.0: EX-PARTE INJUNCTION

3.2.0: INTERLOCUTORY INJUNCTION

3.3.0: MANDATORY INJUNCTION

3.4.0: MAREVA INJUNCTION

3.5.0: ANTON PILLER INJUNCTION

3.6.0: PERPETUAL INJUNCTION

3.7.0: INJUNCTION IN CONSTITUTIONAL LAW

3.8.0: ENFORCEMENT OF ORDERS OF INJUNCTION

3.9.0: CONCLUSION

CHAPTER 4
EXAMINING OTHER FORMS OF INJUNCTION AND THE POWER OF THE
COURT TO GRANT INJUNCTION

4.0.0: INTRODUCTION

4.1.0: QUIA TIMET INJUNCTION

4.2.0: INJUNCTION PENDING APPEAL

4.3.0: ARBITRATION AND INJUNCTION

4.4.0: INJUNCTIONS CONCERNING MATRIMONIAL
MATTERS

4.5.0: INJUNCTIONS IN DEFAMATION ACTION

4.6.0: INJUNCTION IN LAND MATTERS

4.7.0: TRIBUNAL OF ENQUIRY

4.8.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION

BIBLIOGRAPHY

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