1.2 Background to the Study Established in 1963 and became effective on October 1, 1963, prior to the enunciation of the Federal Republic of Nigeria and the 1960 Constitution. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a … The loan was secured by Mr Patrick’s landed property located in Lagos. The High Court in Nigeria was recently confronted with an important and novel situation in LASG v PHCN (2012) 7 CLRN 134. Anti-suit orders & injunctions. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. 106 ... specify the nature and types of communications that can be intercepted ; (c) ... Commission, seeking for an injunction or for specific performance or any Injunction serves as an order of equitable nature restraining the person to The cost of registering an NGO or charitable foundation in Nigeria will be differed on a case by case basis and the roles of any lawyers assisting to incorporate such organization would take in completing the entire process. THE SUPREME COURT OF NIGERIA; The Supreme Court is the first type of court in Nigeria and the highest Nigerian Court. 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). Prohibitory injunction – prohibitory injunctions are orders to refrain from or stop doing a wrongful act. The reasons are clear – not least being to protect the fundamental objectives of arbitration, namely that parties should be free to agree on how their disputes are to be resolved, and such agreements shall be binding and enforceable. What if you move into a new house, and your new neighbors play loud music in the middle of the night, every single day? A permanent injunction is a final order and is usually only granted after a trial. 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. Subscribe now and access all of CDR's daily news and analysis, complete with a full archive of all articles and PDF back issues of CDR magazine. Anti-suit orders & injunctions. Excess Of Injunction In Nigeria Judicial System, LAW PROJECT TOPICS AND MATERIALS, Excess Of Injunction In Nigeria Judicial System Anti-Suit Injunction III. 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. 2.3.0: doctrinal basis of injunction and its application in nigeria judicial system. These orders are granted while the primary action is pending. S*x-For-Marks-Scandal: Victim’s Result Hasn’t Been Released By OAU, Not Even Till... NASU, SSANU To Embark On Indefinite Strike Feb 5, Prof. Ifemeje Makes History As First Female Dean Of Law, Unizik. Court may order to the property owner tostop development work to his/ her own property due to stability or threating tothe neighbouring land. 12 Lagos - 23rd January, 2019 Vol. If the defendant has nothing to hide, they should have no hesitation complying with the order. In Rahman v Abu-Taha, the Court of Appeal approved this expansion of jurisdiction. At the request of a party to an arbitration agreement to stays further proceedings, the court should recognise the principles of comity and act with restraint and caution as it affects foreign jurisdictions. 3.2.0: interlocutory injunction. Service of Legal Process Out of Nigeria III. In Mutual Life & General Insurance Ltd v Kodi Iheme (2013) 2 CLRN 68, the justices of appeal rejected counsel’s invitation to review an arbitral decision on grounds of misconduct and the allegation of “error on the face of the award.”. Although the courts have this discretion as to whether or not an injunction is granted, they are guided by certain principles, and will consider several factors before granting one. Injunctions are equitable remedies that are given at the discretion of the court. If the order would be too oppressive to the defendant, the courts will refuse to grant the order. CDR Magazine published by: Global Legal Group, © 2009-2021 Copyright: iclg.com | Our Privacy. 3.5.0: anton piller injunction It is a civil, search and seizure order that is most commonly used in cases of intellectual property rights. However, the sound policy of staying court proceedings in Nigeria in favour of foreign arbitration was laid down by the Nigerian Supreme Court in The owners of MV Lupex v Nigerian Overseas Chartering & Shipping Ltd (2003) 15 NWLR (pt. Persons Exempted from National Identification Number (NIN) Registration. That’s not to say there haven’t been bumps along the way, however. The factors considered by the courts in determining whether or not to grant an injunction will depend on the type of injunction that is being sought. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM ABSTRACT Injunction serves as an order of equitable nature restraining the person to whom it is directed from performing a specified act or in certain exceptional circumstances cases requiring him to perform a specified act. Alex Potts QC and Jonathon Milne of Conyers explore electronic disclosure in Bermuda, the British Virgin Islands, and the Cayman Islands. This is because certain acts or omissions, ranging from dissipation of assets to filing parallel actions, could effectively terminate the prospect of successful arbitration proceedings. In all, the courts are trying to serve justice to the parties in the dispute. What now seems to be an equally vital terrain to protect is the right to arbitrate, either by restraining the breach of the agreement to arbitrate or protecting – albeit sometimes on an interim basis – the rights of parties during the dispute. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. 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. Types of Injunction. Media gag orders are a popular type of injunction usually meant to prohibit the media from reporting on a high profile trial until the trial’s conclusion. Ada Obinna Edozie, Esq. Without doubt, protective orders injunctions and interim measures issued by the courts in aid of arbitration are inherently easier to enforce. There are majorly four different types of the election in Nigeria. The main reason for use of a preliminary injunction is the need for immediate relief. But apart from all these, before we start telling you the types of cake in Nigeria, let’s talk about the basic types of cakes which you can get anywhere in the world. Tele/+234 806 819 1709 The claimant feared that if not protected, any award made in its favour may be of no value, as the respondent would not have any further assets to meet its claims. It is usually sought by a claimant in an arbitral proceeding where it appears that by the conduct of the respondent or its privies, the respondent may not be able to satisfy any award that may be made in the matter. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. By the very nature of the case the trial would entail essentially a comparison of the two marks within the provisions of the Trade Marks Act and can be completed in a few days. Because the essence of the injunction is surprise, it is normally sought on an ex parte basis (and the defendant may subsequently apply to have the injunction discharged or varied). The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. The defendant is ordered to allow the plaintiff’s representatives to enter premises belonging to the defendant to seek evidence in support of a primary legal action, in circumstances where there is a danger that the evidence will be destroyed or removed. If Mr Patrick is allowed to sell the land, there would be no way to enforce the judgement that Miss Atinuke may eve… It is usually necessary to prove high likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to … It is the final order of the court after the resolution of a dispute. The procedure is for someone who has been or is in danger of being harmed, or needs some help (relief) or his/her attorney, to a) petition for the injunction to protect his/her rights; to b) get an "order to show cause" from the judge telling the other party to … 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. An injunction is a remedy, not a cause of action and will usually not be granted where the court considers damages would suffice. Anti-Arbitration Injunction IV. A temporary injunction or preliminary injunction is a provisional remedy granted to restrain activity on a temporary basis until the court can make a final decision after trial. Mandatory injunction – . 3.8.0: enforcement of orders of injunction. The election in Nigeria is held every 4 years and often holds in the month of February. 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