excess of injunction in nigeria judicial system,law project topics and materials,excess of injunction in nigeria judicial system You cannot fully claim to be a citizen of a country if you don’t have a means of identification. Mandatory injunction – . A prospective registrant may contact a lawyer for a cost. In Rahman v Abu-Taha, the Court of Appeal approved this expansion of jurisdiction. Anti-suit orders & injunctions Nigerian courts have been known to issue anti-suit injunctions by courts to restrain the commencement or progress of a court action in a foreign or local jurisdiction. Interlocutory injunction – . 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They lend themselves to the normal mechanics of court enforcement and the force of compliance. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. An injunctionis an order by the court to a party to do or refrain from doing a particularact to ensure that justice is done. As trends continue to show that courts will “not be over ready to set aside awards where the parties have agreed to abide the decision of a tribunal of their own selection,” the current advancement of commercial arbitration in Africa’s busiest jurisdiction should be encouraged. 844) 469. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. 3.1.0: ex-parte injunction. There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. Injunctions may include confidentiality restrictions to prevent disclosure of the detail of the injunction, particularly where they have been obtained without notice to the respondent (see below). The work further examines the need for the Nigerian court to grant injunctions in matters of extreme urgency and the power of the court in granting injunction. It covers domestic injunctions under section 37 Senior Courts Act 1981 and international injunctions under section 25 Civil Jurisdiction and Judgments Act 1982 and the American Cyanamid principles. 2.3.0: doctrinal basis of injunction and its application in nigeria judicial system. The work further examines the need for the Nigerian court to grant injunctions in matters of extreme urgency and the power of the court in granting injunction. The first principle is that the plaintiff (the party asking for the injunction) must have a legal right to be protected. However, it was not uncommon for a party to an arbitral proceeding to approach a court for an injunction to restrain further proceedings in arbitration, a wholly undesirable practice. 3.6.0: perpetual injunction. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. A Mareva injunction is usually granted before the plaintiff obtains judgment in the primary legal action but it is also possible to obtain a post-judgment Mareva to prevent the defendant from thwarting the plaintiff’s attempts to execute a judgment. Types of Injunction. The plaintiff may come to court seeking an injunction to stop the development of the property. The respondent had monies in its accounts in several banks. 3.0.0: introduction. Generally, the courts will be reluctant to grant the order in such cases because of the investment of money and labour that would have gone into the building. Once the courts appreciate their supportive role – as they now seem to – when interim matters are submitted, the confidence of parties in arbitral decisions, particularly in commercial disputes from African seats, will be matched by cost savings when the need arises. Types of Injunction Mareva Injunctions This is used in extreme cases to freeze the assets of a defendant. 2.4.0: nature and purpose of injunctions. These orders are granted while the primary action is pending. While commercial litigation justifies the anti-suit order as a sometime necessary means to achieve predictable outcomes and the intention of the parties, the same cannot be said of anti-arbitration orders and the inherent abuse they offer. 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