LEGAL PRINCIPLE: EQUITABLE REMEDIES – Injunction – Grant to Protect and Support an Established Legal Right
PRINCIPLE STATEMENT
It is proper for the court to grant an injunction to support a legal right. Where the legal right of the respondents to the land in dispute has been infringed, the court below was right to grant the injunction.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Kele v. Nwerebere (1998) NLC-761991(SC) at p. 15; Para C.
"It was proper for the court to grant an injunction to support a legal right. The legal right of the respondents to the piece of land in dispute having been infringed by the appellants, the court below was right to have granted the order of injunction asked for."
EXPLANATION / SCOPE
Injunction is granted to protect an established legal right. The plaintiff must prove the right and infringement. The principle applies to all injunctions. The court has discretion. The rule promotes the protection of rights. The injunction is a remedy, not a cause of action. The principle is equitable. The court will grant injunction to prevent continuing harm.