LEGAL PRINCIPLE: CIVIL PROCEDURE – Injunctions – Availability – Requirement of Established Legal Right
PRINCIPLE STATEMENT
An injunction is only available to protect an established legal right. If the substantive right has not been established an injunction cannot be granted.
RATIO DECIDENDI (SOURCE)
Per Edozie, JCA (as approved by the Supreme Court), in Adah v. Adah (2001) NLC-1091997(SC) at p. 5; Paras D–E.
"An injunction is only available to protect an established legal right. If the substantive right has not been established an injunction cannot be granted."
EXPLANATION / SCOPE
An injunction is only available to protect an established legal right. The substantive right must be proved before an injunction can be granted. The remedy is ancillary—it cannot exist without a primary right. The court will not grant an injunction if the plaintiff has not established entitlement to the underlying right. The applicant must show a legal right, actual or threatened violation, and inadequacy of damages. The court examines the merits of the substantive claim. If the claim fails, the injunction must fail. The principle prevents misuse of injunctive relief. The court will not preserve the status quo for a right that does not exist. The injunction is a remedy, not a cause of action.
