CIVIL PROCEDURE — Interim Injunction — Delay in Bringing Application
Ratio Decidendi
Per Tobi, JSC, in Universal Trust Bank Ltd & Ors v. Dolmetsch Pharmacy (Nig.) Ltd (2007) NLC-123-80-2002(SC) at p. 23; Paras A–C:
"The operative expressions … are 'long enough' and 'delays so much'. These expressions can only be given their proper meaning in the context of the facts of the case and not in vacuo. The length or period of delay can only be donated by the facts of the case."
Explanation / Scope
This principle establishes that delay in bringing an interim injunction application is assessed based on the facts of the case, not abstract rules. What constitutes “long enough” or “delays so much” depends on the circumstances. The principle applies where delay is used as grounds to oppose an injunction. The court must consider the context and the reasons for delay. The principle ensures flexible application of the law. It prevents rigid application of delay as a bar. The court must balance the interests of justice. The principle reflects the discretionary nature of injunctive relief. Each case must be evaluated on its own facts.