LEGAL PRINCIPLE: CIVIL PROCEDURE — Injunctions — Need for Certainty of Boundaries
PRINCIPLE STATEMENT
An order for injunction must be clear and certain. Restraining a party from crossing only the western boundary defeats the purpose, as they remain free to cross from any other side.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ojiako v. Ewuru (1995) NLC-1031992(SC) at pp. 13–14; Paras. D–A.
"It was not enough for the learned trial Judge to have said simply that the Defendants are 'restrained perpetually from crossing the Western boundary of the area verged PINK...', because they are free to cross from any other side except from the Western boundary only. The purpose of the order for injunction is thus completely defeated."
EXPLANATION / SCOPE
An injunction must be precise and certain. Vague or partial orders defeat the purpose of equitable relief. The court must define the boundaries with clarity. The principle applies to all injunctions. The order must be capable of enforcement. The party seeking injunction must prove the boundaries. The appellate court may set aside ambiguous injunctions. The rule ensures that the restrained party knows exactly what is prohibited. The court will not grant an injunction that leaves loopholes.