LEGAL PRINCIPLE: APPELLATE PRACTICE – Interlocutory Injunction Pending Appeal – Balance of Convenience and Preservation of Res
PRINCIPLE STATEMENT
In the determination of this prayer, I must consider judiciously and judicially the facts presented in the instant application. After a careful consideration of such facts which have been made available in this matter, it is my humble view that the balance of convenience and justice should be resolved in favour of the applicant. I will therefore, hold that the applicant ought to be granted its 4th prayer for an order of interlocutory injunction restraining the respondents by themselves, servants, their privies and or agents from enforcing the judgment of the Federal High Court... pending the determination of this appeal.
RATIO DECIDENDI (SOURCE)
"In the determination of this prayer, I must consider judiciously and judicially the facts presented in the instant application. After a careful consideration of such facts which have been made available in this matter, it is my humble view that the balance of convenience and justice should be resolved in favour of the applicant. I will therefore, hold that the applicant ought to be granted its 4th prayer for an order of interlocutory injunction restraining the respondents by themselves, servants, their privies and or agents from enforcing the judgment of the Federal High Court... pending the determination of this appeal."
EXPLANATION / SCOPE
In determining an application for interlocutory injunction pending appeal, the court must consider the facts judiciously and judicially. The balance of convenience and justice is the key factor. If the balance favours the applicant, the injunction should be granted to preserve the res pending appeal. The court assesses which party would suffer greater harm if the injunction is granted or refused. The preservation of the subject matter of the appeal is paramount. The court must ensure the appeal is not rendered nugatory. The discretion is exercised based on the peculiar facts of each case. The injunction restrains enforcement of judgment pending appeal. The applicant must show a serious question to be tried and that damages would be inadequate.
