The Significance Of Injunctions In The Dispensation Of Justice In Nigeria

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The Significance Of Injunctions In The Dispensation Of Justice In Nigeria


Abstract


The topic of this research is „THE SIGNIFICANCE OF INJUNCTIONS IN THE DISPENSATION OF JUSTICE IN NIGERIA‟. Injunctions are court orders prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. Injunctions are ordinarily and properly elicited from proceedings in courts. The main feature of injunction is the maintenance of the res or status quo that is the subject matter of the dispute or litigation. The problem treated in this research work arose from the literature reviewed and the practical experience of the writer in the area of the research.

The legal requirements and procedure for applying for the grant of the equitable remedy of the injunction are so difficult to be met by an applicant for the injunctive order, requirements such as the need that an applicant must prove that he has a legal right to be protected over the subject matter he is seeking an injunction for. This research work critically looked at this problem with the view to proffering solutions to them. This research work aimed at identifying the significance of the equitable remedies of interim and interlocutory injunctions in justice dispensation in Nigeria.

Furthermore, the objectives of this research work set out to achieve include; critical discussion and analysis of interim and interlocutory injunctions. The methodology employed in this research work is mainly doctrinal. It has been conducted mostly in the library through the use of both primary and secondary sources of law. It has been observed that there exist a fundamental contradiction of legal conflict between the constitutional doctrine of Audi altera patem rule for the fair hearing of all the parties before the court decide on a matter on the one part and the rules of courts and the various High court Rules which specifically provide and empower the courts to hear one party, consider and grant or refuse the application where the court is faced with an application for interim injunction. It is recommended that the two legal principles be allowed to subsist as each one is important for the determination of the case.


The Significance Of Injunctions In The Dispensation Of Justice In Nigeria


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