LEGAL PRINCIPLE: CIVIL PROCEDURE – Interlocutory Injunction – Meaning of Status Quo Ante Bellum
PRINCIPLE STATEMENT
The phrase "status quo ante bellum" means the situation or position prevailing before the defendants' conduct complained of by the plaintiff.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Falomo v. Banigbe (1998) NLC-1271995(SC) at p. 19; Paras D–E.
"The phrase, status quo ante bellum [means] …the situation or position prevailing before the defendants' conduct complained of by the plaintiff."
EXPLANATION / SCOPE
Status quo ante bellum refers to the position before the disputed conduct. The court preserves that state pending trial. The principle guides interlocutory injunction applications. The court must determine what the status quo was. The rule prevents changes that would make the final judgment ineffective. The plaintiff must show what the position was before the defendant’s act. The court will not restore a position that did not exist. The principle applies to all disputes where preservation is needed. The court must clearly identify the relevant status quo.