LEGAL PRINCIPLE: CIVIL PROCEDURE — Injunctions — Perpetual Injunction — Scope of Order — Must Relate to Entire Land in Dispute
PRINCIPLE STATEMENT
Where the judgment is in respect of the entire land claimed and not part of it, the order of injunction must relate to the entire land won and not part thereof.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Awaogbo v. Eze (1995) NLC-691991(SC) at p. 15; Paras. A–C.
"Where the judgment is in respect of the entire land claimed and not part of it, it is only common sense that the order of injunction must relate to the entire land won and not part thereof. The appellants admitted having their cultivated rice farms all over the land in dispute and not just the area verged green on the plan. The learned trial Judge was therefore right to have so ordered."
EXPLANATION / SCOPE
A perpetual injunction should cover the entire land for which judgment was granted. The order cannot be limited to a portion. The principle applies to all injunctions. The court must ensure the order is effective. The rule prevents loopholes in enforcement. The injunction should match the declaration of title. The court will examine the judgment to determine the scope. The principle promotes clarity and effectiveness.