LEGAL PRINCIPLE: CIVIL PROCEDURE — Injunctions — Interlocutory Injunction — Applicant Need Not Show Indefeasible Right
PRINCIPLE STATEMENT
In an application for an interlocutory injunction, the applicant is not required to show indefeasible rights to the reliefs sought. That is not the stage for determining ownership or final entitlement.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Oduntan v. General Oil Limited (1995) NLC-731992(SC) at p. 7; Paras. A–C.
"When it is established before the court that there is a serious question to be tried, the burden of proof on the respondent is discharged. The respondent is not required in an application for interlocutory injunction to show indefeasible rights to the reliefs sought. This is not the stage when the question of the ownership of the petrol service station, its land and buildings are to be determined. It is erroneous to contend that the respondent should show from the facts that he is entitled to the claim."
EXPLANATION / SCOPE
An interlocutory injunction applicant need only show a serious question to be tried, not indefeasible rights. The final determination of rights awaits the substantive trial. The principle applies to all interlocutory injunctions. The court should not determine ownership at this stage. The rule prevents premature adjudication. The applicant must show a prima facie case, not conclusive proof. The court will balance the parties’ interests. The principle is well-established in Nigerian law.