LEGAL PRINCIPLE: CIVIL PROCEDURE – Injunctions – Interlocutory Injunction – Purpose
PRINCIPLE STATEMENT
The purpose of an interlocutory injunction is to protect a plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the case were resolved in his favour at the trial.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Dyktrade Ltd. v. Omnia (Nig.) Ltd. (2000) NLC-571995(SC) at p. 12; Paras A–C.
"The purpose of an interlocutory injunction is to protect a plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the case were resolved in his favour at the trial."
EXPLANATION / SCOPE
An interlocutory injunction is a preservative measure, not a final determination of rights. Its purpose is to maintain the status quo pending trial, preventing irreparable harm that damages cannot remedy. The applicant must show a legal right and that damages would be inadequate compensation. This equitable remedy is discretionary, balancing the risk of injustice to both parties. It is not granted to protect speculative rights or where monetary compensation would suffice. The court assesses whether the injury threatened is such that even eventual victory at trial would be rendered hollow without interim protection.