LEGAL PRINCIPLE: CIVIL PROCEDURE – Injunctions – Interlocutory Injunction – Need for Existing Right
PRINCIPLE STATEMENT
Here, the appellant acquired no right to the trade mark 'Super Rocket' in respect of which he had not been registered as a proprietor at all times relevant to these proceedings. As he acquired no right, there was nothing to protect by an interlocutory injunction.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Dyktrade Ltd. v. Omnia (Nig.) Ltd. (2000) NLC-571995(SC) at p. 12; Paras D–E.
"Here, the appellant acquired no right to the trade mark 'Super Rocket' in respect of which he had not been registered as a proprietor at all times relevant to these proceedings. As he acquired no right, there was nothing to protect by an interlocutory injunction."
EXPLANATION / SCOPE
An interlocutory injunction cannot protect a right that does not exist. The applicant must establish a legal right—whether statutory, common law, or equitable—that is capable of protection. Where the alleged right has not been validly acquired (e.g., unregistered trademark where registration is required), there is no substratum upon which injunctive relief can attach. The remedy is protective, not creative. Granting an injunction without an underlying existing right would be an abuse of discretion. This principle prevents parties from using injunctions to create rights they have not properly acquired under applicable law.