LEGAL PRINCIPLE: CIVIL PROCEDURE — Interlocutory Applications — Mandatory Injunction — Power to Reverse Steps Taken Pending Interlocutory Application
PRINCIPLE STATEMENT
A mandatory injunction will lie to reverse a step already taken by a party in an interlocutory application if the step was taken to "steal a match" on the applicant.
RATIO DECIDENDI (SOURCE)
Per Ogebe, C.JCA, in Abubakar & Ors v. Unipetrol Nigeria Plc (2002) NLC-1121997(SC) at p. 4; Paras A–B.
"It is now a firmly established principle that a mandatory injunction will lie to reverse a step already taken by a party to litigation in an interlocutory application, if the step taken by the other party is to steal a match on the applicant."
EXPLANATION / SCOPE
A court may grant a mandatory injunction on an interlocutory application to reverse a step already taken, where the step was taken to “steal a match”—i.e., to pre-empt the court’s decision. The remedy is discretionary and granted to prevent injustice. The principle applies where the party acts unilaterally to frustrate the litigation. The court will restore the status quo ante. The applicant must show that the act was done with knowledge of the pending proceedings. The rule protects the court’s jurisdiction. The power is exercised sparingly. The principle applies to both trial and appellate courts. The court will not allow a party to gain advantage by acting precipitately.
