Legal Principles – Nigerian LawCompass

Appellate Practice Important

APPELLATE PRACTICE – Interlocutory Injunctions Pending Appeal – Special Circumstances Warranting Grant

"When it is stated that the circumstances or conditions for granting a stay should be special or strong we take it as involving a consideration of some collateral circumstances and...

Appellate Practice Important

APPELLATE PRACTICE – Interlocutory Injunctions Pending Appeal – Radical Alteration of Subject Matter as Special Circumstance

"Where the character of the land, the subject matter of litigation, would be radically and irrevocably altered (e.g., by erecting permanent buildings on agricultural land), and such alteration would render...

Civil Procedure Important

CIVIL PROCEDURE – Interlocutory Injunction – Principles for Grant and Exercise of Judicial Discretion

"There is no doubt that in an application for an interlocutory injunction, an applicant should inter alia satisfy the court that there is a serious question to be tried at...

Civil Procedure Important

CIVIL PROCEDURE – Interlocutory Injunction – Preventive Nature and Inapplicability to Past Wrongs

"Undoubtedly the object of an interlocutory injunction is to protect an applicant against injury by violation of his right for which he cannot be adequately compensated in damages if the...

General Important

PRACTICE AND PROCEDURE – Judicial Discretion on Interlocutory Injunctions – Principles Governing Exercise of Judicial Discretion

"It is of the very essence of the proper exercise of a judicial discretion that it be exercised in accordance with any relevant rules of law or practice and according...

Appellate Practice Important

PRACTICE AND PROCEDURE – Conditions for Granting Interlocutory Injunction Pending Appeal – Refusal of Injunction Where Unsuccessful Party Lacks Prima Facie Case on Appeal

"I am of the clear view that where, as in this case, a party has lost its claim to a declaratory relief and permanent injunction in a court of competent...