LEGAL PRINCIPLE: CIVIL PROCEDURE – Interlocutory Injunction – Purpose Is to Preserve Status Quo Pending Trial
PRINCIPLE STATEMENT
An interlocutory injunction is granted before trial to keep matters in status quo ante bellum until the question at issue can be finally determined, thus facilitating the administration of justice at trial.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Falomo v. Banigbe (1998) NLC-1271995(SC) at pp. 10–11; Paras A–E.
"In the first place, an interlocutory injunction is granted before the trial of an action and its primary object is to keep matters in status quo ante bellum until the question at issue between the parties can be finally determined by the court, thus facilitating the administration of justice at the trial."
EXPLANATION / SCOPE
Interlocutory injunctions preserve the status quo pending trial. The principle prevents irreparable harm. The court must consider the balance of convenience. The injunction is temporary, not final. The rule applies to all interlocutory applications. The applicant must show a serious question to be tried. The court will not grant an injunction if damages would adequately compensate. The principle protects the court’s ability to grant effective final relief. The status quo refers to the situation before the defendant’s conduct complained of.