An injunction is an order of the court commanding a person to do an act or refrain from doing an act.
Where there is a continuing breach, an injunction is the appropriate remedy. An example is where there is a continuing trespass on the applicant's land.
An injunction can be sought for an actual breach or an anticipatory breach. A breach is anticipatory where the defendant had not begun the infringing act, but has made preparations for doing that.
An injunction granted for an anticipatory breach is known as a qua timet injunction.
Injunctions like other equitable remedy is discretionary. That is, the court has a discretion whether or not to grant an injunction. The House of Lords in American Cyanamid v. Ethicon Ltd sought to set out the framework to guide the court in the exercise of its discretion. It stated that the factors to be considered are as follows:
1. That there is a substantial case to be tried,
2. that there is a risk of irreparable damage to the applicant,
3. that the applicant would not be sufficiently compensated by an award of damages,
4. that the applicant is willing and able to compensate the defendant adequately if his case fails.
1. That there is a substantial case to be tried,
2. that there is a risk of irreparable damage to the applicant,
3. that the applicant would not be sufficiently compensated by an award of damages,
4. that the applicant is willing and able to compensate the defendant adequately if his case fails.
The Supreme Court in Buhari v. Obasanjo stated that in granting an injunction the court will consider the 'balance of convenience' on both sides to see where the pendulum tilts.
Injunctions can be classified as follow:
1. Interim Injunctions: This is usually granted exparte (I.e without notice to the other party), before trial to maintain the status quo pending a trial on notice, and a grant of an interlocutory injunction.
2. Interlocutory Injunction: This is usually granted during trial on notice to all parties to maintain the status quo pending the determination of the matter and an award of a final injunction.
3. Permanent or Final Injunction: This is granted at the end of the proceeding on merit, upon the determination of the matter.
Examples of Injunction include:
1. Manreva Injunction: An order granted to freeze the assets of the defendant upon which judgement would be levied to prevent him from transferring it or moving it out of the jurisdiction of the court with a aim of defeating or delaying the execution of a judgement.
2. Anton Pillar Injunction: This is an order for entry and seizure levied on the premises of the defendant, where it is believed that he stores materials for infringement or infringing copies of a work.
1. Interim Injunctions: This is usually granted exparte (I.e without notice to the other party), before trial to maintain the status quo pending a trial on notice, and a grant of an interlocutory injunction.
2. Interlocutory Injunction: This is usually granted during trial on notice to all parties to maintain the status quo pending the determination of the matter and an award of a final injunction.
3. Permanent or Final Injunction: This is granted at the end of the proceeding on merit, upon the determination of the matter.
Examples of Injunction include:
1. Manreva Injunction: An order granted to freeze the assets of the defendant upon which judgement would be levied to prevent him from transferring it or moving it out of the jurisdiction of the court with a aim of defeating or delaying the execution of a judgement.
2. Anton Pillar Injunction: This is an order for entry and seizure levied on the premises of the defendant, where it is believed that he stores materials for infringement or infringing copies of a work.
In conclusion, over the years, injunctions have become an indespensable remedy in all judicial proceedings over the years.
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