LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Conditions for Granting Interlocutory Injunction Pending Appeal – Refusal of Injunction Where Unsuccessful Party Lacks Prima Facie Case on Appeal
PRINCIPLE STATEMENT
Where a party has lost a claim for declaratory relief and permanent injunction in a competent court and the appellate court concludes positively that the appellant has not shown a prima facie case to argue on appeal, an application for interlocutory injunction pending appeal ought not to be granted.
RATIO DECIDENDI (SOURCE)
"I am of the clear view that where, as in this case, a party has lost its claim to a declaratory relief and permanent injunction in a court of competent jurisdiction and having appealed, the appellate court, in an application for interlocutory injunction pending appeal which has not yet heard the appeal comes to the positive conclusion that the successful party has not shown that it has a prima facie case to argue at the appeal, the application for an interlocutory injunction pending appeal ought not to be granted."
EXPLANATION / SCOPE
This principle addresses the threshold requirement for interlocutory injunctions pending appeal. A prima facie case—a threshold showing that the appeal has reasonable prospects of success—is essential. Where the appellant has already lost on the same issues at trial and cannot demonstrate even an arguable case on appeal, granting injunctive relief would unjustifiably deprive the successful party of their judgment pending an appeal with no reasonable prospects. The principle balances appellate rights against protection of successful litigants. It does not require full determination of appeal merits but demands more than mere filing of notice of appeal. The appellant must show sufficient grounds to warrant preservation of the status quo pending appeal. Absent such showing, the trial court judgment should be enforceable despite the pending appeal.