LEGAL PRINCIPLE: CIVIL PROCEDURE – Injunctions – Nature and Purpose – Injunction Grants to Protect Existing Legal Rights and Maintain Status Quo
PRINCIPLE STATEMENT
The order for injunction is available to restrain the defendant from the repetition or the continuance of the wrongful act or breach of contract complained of. It is generally granted to protect a legal right which is in existence. This is with the object of keeping matters in status quo until the question at issue between the parties is determined. The applicant must show that he has sufficient interest in the reliefs sought. Hence in an ancillary relief which the application subject-matter of this preliminary objection, is, the relief must fall within the purview of the claim. This is because the remedy is for the protection of the claim, that is an injury which may be occasioned by the violation of applicant's right in respect of which he will not be adequately compensated in damages.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Adenuga & Ors v. Odumeru & Ors (2001) NLC-432000(SC) at pp. 9–10; Paras A–B.
"The order for injunction is available to restrain the defendant from the repetition or the continuance of the wrongful act or breach of contract complained of. It is generally granted to protect a legal right which is in existence. This is with the object of keeping matters in status quo until the question at issue between the parties is determined. The applicant must show that he has sufficient interest in the reliefs sought. Hence in an ancillary relief which the application subject-matter of this preliminary objection, is, the relief must fall within the purview of the claim. This is because the remedy is for the protection of the claim, that is an injury which may be occasioned by the violation of applicant's right in respect of which he will not be adequately compensated in damages."
EXPLANATION / SCOPE
Injunction protects existing legal rights and maintains status quo pending final determination. It restrains repetition or continuance of wrongful acts. The applicant must show sufficient interest in the relief sought. As an ancillary remedy, the injunction must fall within the purview of the substantive claim. Its purpose is to protect the claim—to prevent injury that damages cannot adequately compensate. The applicant must demonstrate a legal right, actual or threatened violation, and inadequacy of damages. The court will not grant injunction where the applicant has no underlying right to protect. The remedy is preventive, not remedial. It preserves the subject matter of litigation.