Injunction serves as an order of equitable nature restraining the person to Mr Patrick failed to repay the loan, Miss Atinuke sued in the Lagos high court. Injunctions in brief Perpetual 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. FG Not Averse To Criticisms, Says AGF, Malami, ICMC Mediation Skills Accreditation And Certification Training In Abuja. The entire region may yet be recognised, not merely as users, but also as arbitration-friendly jurisdictions. Naturally, the respondent contested the application, arguing that the court lacked jurisdiction or power to make the order owing to the agreement to arbitrate between the parties. Mandatory injunction – mandatory injunctions are orders to carry out a positive action i.e. The first principle is that the plaintiff (the party asking for the injunction) must have a legal right to be protected. TYPES OF COURTS IN NIGERIA . Ordinarily, the principle is that courts are not allowed to intervene in an arbitration matter; this position is enshrined in section 34 Arbitration and Conciliation Act (ACA) 4: "a Court shall not intervene in any matter governed by this Act except where so … You cannot fully claim to be a citizen of a country if you don’t have a means of identification. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. 3.1.0: ex-parte injunction. The procedure is for someone who has been or is in danger of being harmed, or needs some help (relief) or his/her attorney, to a) petition for the injunction to protect his/her rights; to b) get an "order to show cause" from the judge telling the other party to … While commercial litigation justifies the anti-suit order as a sometime necessary means to achieve predictable outcomes and the intention of the parties, the same cannot be said of anti-arbitration orders and the inherent abuse they offer. The scope of the arbitrators’ authority to issue protective measures is an important feature of this advancement. 2.5.0: conclusion. A party to arbitral proceedings approached the court for orders to prevent dissipation while at arbitration. However, the sound policy of staying court proceedings in Nigeria in favour of foreign arbitration was laid down by the Nigerian Supreme Court in The owners of MV Lupex v Nigerian Overseas Chartering & Shipping Ltd (2003) 15 NWLR (pt. injunction. The injunction is awarded in support of a claim by the plaintiff in a primary legal action. The reasons are clear – not least being to protect the fundamental objectives of arbitration, namely that parties should be free to agree on how their disputes are to be resolved, and such agreements shall be binding and enforceable. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. Perpetual injunction – a perpetual injunction is an order granted at the end of a lawsuit. An example of this is in cases where a plaintiff comes to court because a building has been erected beside them interfering with their right to light. Nigeria is a country that has its own types of cake and this is so because of the cultural and so many beliefs which they have. 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. Legislation allows parties to approach court for interim measures, and such requests shall not be deemed to be incompatible or a waiver of the agreement to arbitrate. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. Seplat had appealed the December 24, 2020 decision of the Federal High Court granting injunctions that, among others, resulted in … It is usually sought by a claimant in an arbitral proceeding where it appears that by the conduct of the respondent or its privies, the respondent may not be able to satisfy any award that may be made in the matter. Subscribe now and access all of CDR's daily news and analysis, complete with a full archive of all articles and PDF back issues of CDR magazine. This rule permits an emergency arbitrator to issue binding interim measures, which may be reviewed either by it or the tribunal when constituted. It may also be made to ensure the discontinuance of such an action, particularly where the suit is likely to cause imminent harm, prejudice the subject matter of the dispute or jeopardise the arbitral process. Mareva injunctions are not intended to cripple the operations of the business, the objective is to ensure that, should the plaintiff get judgment in their favour, the defendant does not frustrate the ability of the plaintiff to execute judgment. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. The factors considered by the courts in determining whether or not to grant an injunction will depend on the type of injunction that is being sought. A temporary injunction or preliminary injunction is a provisional remedy granted to restrain activity on a temporary basis until the court can make a final decision after trial. Service of Legal Process Out of Nigeria III. Suits in Nigeria have been the target of such orders, such as in Travelport Global Distribution Systems BV v Bellview Airlines Ltd 2012 WL 39258556 (SDNY Sept 10 2012). Another aspect of the injunction that has undergone change is the extent of the restraint. Or if the building has been completed, they may be seeking an order that the building be removed. A copyright is infringed by any person who without the license or authorization of the owner of the copyright uses or causes the copyrighted work to be used. These are situations where you may ask the offending party to stop doing something that is bothersome and a nuisance to you. Service of Legal Process and Taking Evidence I. Ada Obinna Edozie, Esq. In order to be entitled to an interim measure, the party seeking such an interim measure shall satisfy the tribunal, among other things, that there is a serious issue to be determined on the merits of the claim. To be granted a Mareva Injunction the plaintiff must show to the court that they have: 1. 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. It covers domestic injunctions under section 37 Senior Courts Act 1981 and international injunctions under section 25 Civil Jurisdiction and Judgments Act 1982 and the American Cyanamid principles. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. Types of Injunction. Anton piller order – This is a mandatory interlocutory injunction designed to prevent the destruction or removal of evidence. 3.8.0: enforcement of orders of injunction. Nigeria is also party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. Injunctions are equitable remedies that are given at the discretion of the court. The team comprises professionals and Consultants from different fields of human endeavour. Media gag orders are a popular type of injunction usually meant to prohibit the media from reporting on a high profile trial until the trial’s conclusion. It is a court order which prevents the defendant from removing or disposing of his assets until a further court order or until the trial. The respondent had monies in its accounts in several banks. Anti-suit orders & injunctions. The defendant is ordered to allow the plaintiff’s representatives to enter premises belonging to the defendant to seek evidence in support of a primary legal action, in circumstances where there is a danger that the evidence will be destroyed or removed. 3.4.0: mareva injunction. 3.6.0: perpetual injunction. Types of Injunction Mareva Injunctions This is used in extreme cases to freeze the assets of a defendant. 844) 469. For instance, if damages would be an adequate remedy then the courts will not grant an injunction. However, there are a number of guiding principles that guide the courts in granting any injunction. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. What now seems to be an equally vital terrain to protect is the right to arbitrate, either by restraining the breach of the agreement to arbitrate or protecting – albeit sometimes on an interim basis – the rights of parties during the dispute. This was confirmed by a recent decision of the Court of Appeal in Nigeria, which reaffirmed the current policy of refusing to “merit review” arbitrators’ decisions. ICLG.com > Commercial Dispute Resolution > Nigeria: injunctions and protective orders, Published by: It is important to note that with interlocutory injunctions, the plaintiff will normally be asked for an undertaking as to damages which is held by the court for the benefit of the defendant, if it is determined at the trial that the injunction should not have been obtained. Nigeria's participation in the treaty is subject to reciprocal and commercial reservations, meaning that the award sought to be enforced must have arisen out of a commercial contractual dispute. The loan was secured by Mr Patrick’s landed property located in Lagos. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a … If the order would be too oppressive to the defendant, the courts will refuse to grant the order. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. Injunction; Injunction is a court order that coerces the defendant to take specific acts or refrains him or her from engaging in certain actions, i.e., breaching a contract. The purpose of this paper is mainly to identify current Nigerian practice with regards to these order. 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. An injunction is a remedy, not a cause of action and will usually not be granted where the court considers damages would suffice. Court may order to the property owner tostop development work to his/ her own property due to stability or threating tothe neighbouring land. An interim injunction to restrain the defendants and the represented class from selling the offending product until the determination of the motion on notice filed at the same time as the motion ex-parte. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM ABSTRACT Injunction serves as an order of equitable nature restraining the person to whom it is directed f. support@iprojectmaster.com +234 813 292 6373. Anti-Arbitration Injunction in Nigeria. Mandatory injunction – . This legal right must be recognised by law; it is not sufficient for the wrong to be an inconvenience suffered by the plaintiff or an unconscionable act by the defendant. Media gag orders are a popular type of injunction usually meant to prohibit the media from reporting on a high profile trial until the trial’s conclusion. 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. There are several types of injunctions such as Interim or Interlocutory injunction granted provisionally before a trial to maintain the status quo pending the The court specifically located its power: “…in the application of article 26 (3) it is clear and unequivocal that the request for interim measure addressed by any party to the court shall not be deemed incompatible with the agreement to arbitrate or as a waiver to that agreement.”, Respondent then contended that only the arbitral tribunal had power to make interim measures in respect of proceedings before it. It is designed to examine the various types of injunction available in Nigeria and the purpose they serve. Plaintiff cannot use force to enter premises but the defendant will be in contempt of court if s/he denies admission and, in addition, the court may draw adverse inferences from such a refusal (i.e., it does not look good for the credibility of the defendant). 1.2 Background to the Study 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. 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. These orders are granted while the primary action is pending. Although the courts have this discretion as to whether or not an injunction is granted, they are guided by certain principles, and will consider several factors before granting one. The English Court of Chancery, on the other hand, offered some remedies that weren’t available in the common law courts. The claimant feared that if not protected, any award made in its favour may be of no value, as the respondent would not have any further assets to meet its claims. There are many different types of injunction and they may operate as an interim injunction or as a final injunction. Prohibitory injunction – prohibitory injunctions are orders to refrain from or stop doing a wrongful act. The court’s jurisdiction to grant injunctions, as well as its ability to effectively enforce them through committal proceedings, is dependent on proper service of defendants/respondents. The order may simply be that the balance in the account must not fall below a certain figure. These injunction are as follows: ranging from ex-parte, interim, interlocutory, perpetual, mandatory, mareva to anton piller injunction. Established in 1963 and became effective on October 1, 1963, prior to the enunciation of the Federal Republic of Nigeria and the 1960 Constitution. 1.2 Background to the Study Anti-Arbitration Injunction IV. n. a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. The most common types of injunctions are temporary, preventive, permanent, and mandatory. TYPES OF ELECTION IN NIGERIA . 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. E-mail: thenigerialawyers@gmail.com, thenigerialawyers@gmail.com, editor@thenigerialawyer.com, Meningitis: NMA faults Yari over cause of meningitis, Osinbajo, Malami, Magu, DSS move to save anti-graft war. The election in Nigeria is held every 4 years and often holds in the month of February. That’s not to say there haven’t been bumps along the way, however. At the request of a party to an arbitration agreement to stays further proceedings, the court should recognise the principles of comity and act with restraint and caution as it affects foreign jurisdictions. Nigerian courts have been known to issue anti-suit injunctions by courts to restrain the commencement or progress of a court action in a foreign or local jurisdiction. During the pendency of the suit, Mr Patrick put up the land for sale on OLX. 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. 3.5.0: anton piller injunction. Singapore”. Mrs Adeyemi advanced a loan of 200 million Naira to Mr Patrick, a Togolese residing in Nigeria. Many African jurisdictions are now supportive of arbitration; recent developments show that Nigeria and Lagos have, in many respects, led in seeking to bolster certainty and effectiveness of the arbitral process. Although the courts have this discretion as to whether or not an injunction is granted, they are guided by certain principles, and will consider several factors before granting one. 3.2.0: interlocutory injunction. The English Court of Chancery was a court of “equity” rather than “law,” so its remedies were known as equitable remedies.. In 1980, the injunction was granted against a non-resident present in England, and subsequently, in a different case, the jurisdiction was extended to a resident defendant. There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. Thirdly, the injunction will only be granted if there is no other remedy available or adequate in the circumstance. Basically, the order aims to prevent a situation where before or after judgment, a defendant quickly transfers their assets out of the jurisdiction to avoid the judgment or penalty awarded by the courts. It is the final order of the court after the resolution of a dispute. CDR Magazine published by: Global Legal Group, © 2009-2021 Copyright: iclg.com | Our Privacy. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. A prospective registrant may contact a lawyer for a cost. A temporary injunction, also called a preliminary injunction, is used to provide immediate relief. Quia timet injunction – a quia timet injunction is granted where the plaintiff fears that their rights will be infringed. In Rahman v Abu-Taha, the Court of Appeal approved this expansion of jurisdiction. Arbitration continues to enjoy increasing patronage in Nigerian commercial disputes. do something. An injunction is simply an order of the court to do something or refrain from doing something. Any action preventing a party from commencing arbitral proceedings is naturally of great concern. excess of injunction in nigeria judicial system. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. Third parties such as banks are informed of the injunction and will be in contempt of court if they help the defendant to breach the injunction. Anti-Suit Injunction III. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. 3.5.0: anton piller 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. 2.4.0: nature and purpose of injunctions. 3.4.0: mareva injunction. The cost of registering an NGO or charitable foundation in Nigeria will be differed on a case by case basis and the roles of any lawyers assisting to incorporate such organization would take in completing the entire process. Federal Republic of Nigeria Official Gazette No. Furthermore, the courts will balance the interests of both parties in deciding whether to grant an injunction. A party may request an arbitral tribunal to issue such an injunction, particularly where the respondent’s conduct risks jeopardising the claim. In the case of Econet Wireless Limited v Econet Wireless Nigeria Limited, Shuaibu J. entertained an application based on Order 26 Rules 1 and 2, Order 28 Rule 1(1), Order 32 Rules 1,2, and 4 of the Federal High Court Rules for injunction pending appeal, without first examining the provisions of the Rules to determine whether he has jurisdiction or 49 Order 38 of the Lagos Rules 50 … 12 Lagos - 23rd January, 2019 Vol. 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. The project will review the significance of injunctive remedies with a focus on the scope and classification of injunction, types of injunctions, and the required conditions for the grant of injunction. EX-PARTE INJUNCTION In the annals of Anglo-Nigeria common law, certain principles are fundamental. It is usually necessary to prove high likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to … 3.0.0: introduction. They lend themselves to the normal mechanics of court enforcement and the force of compliance. 3.2.0: interlocutory injunction. Interlocutory injunction – an interlocutory injunction is a temporary order to maintain the status quo until the main issue (primary legal action) is resolved or until enough time passes to determine the effect of the order. types of injunction and its enforcement. Types of injunctions obtainable in court are; An Interim injunction-although lasts for a short time, is usually granted only in cases of urgency requiring immediate relief. Injunction serves as an order of equitable nature restraining the person to 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. Excess Of Injunction In Nigeria Judicial System, LAW PROJECT TOPICS AND MATERIALS, Excess Of Injunction In Nigeria Judicial System 3.7.0: injunction in constitutional law. 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. On the scale of balance are the rights of the plaintiff and the effect of the order on the parties. As seen above, arbitral tribunals may make orders and may direct a party to take such interim measure of protection as the tribunal may consider necessary. 106 ... specify the nature and types of communications that can be intercepted ; (c) ... Commission, seeking for an injunction or for specific performance or any It is the final order of the court after the resolution of a dispute. Anti-suit orders & injunctions. 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. The restraining order was made to last until the determination of the arbitration. Other factors considered by the courts are the futility of granting an injunction and the possibility of compliance with the order. A permanent injunction is a final order and is usually only granted after a trial. This approach should, of course, be commended. Tribunals seated in Nigeria ought not to grant such requests. An arbitral tribunal may also grant interim measures. The power and jurisdiction to make injunctive and protective orders in arbitration is an essential adjunct to the efficiency and effectiveness of arbitration in commercial disputes. 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