Alex Potts QC and Jonathon Milne of Conyers explore electronic disclosure in Bermuda, the British Virgin Islands, and the Cayman Islands. An interim injunction to restrain the defendants and the represented class from selling the offending product until the determination of the motion on notice filed at the same time as the motion ex-parte. 3.6.0: perpetual injunction. During the pendency of the suit, Mr Patrick put up the land for sale on OLX. The scope of the arbitrators’ authority to issue protective measures is an important feature of this advancement. The English Court of Chancery was a court of “equity” rather than “law,” so its remedies were known as equitable remedies.. Federal Republic of Nigeria Official Gazette No. An injunction is simply an order of the court to do something or refrain from doing something. 2.5.0: conclusion. It also considers the procedure by which the Nigerian courts grant the application of any type of injunction as well as the grounds that are sine qua non before the application of injunction is granted by the Nigerian courts. Mareva injunction – This is a prohibitory interlocutory injunction that allows the plaintiff in a case to “freeze” the assets of the defendant, to prevent the defendant from moving them beyond the reach of the courts. 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. Many African jurisdictions are now supportive of arbitration; recent developments show that Nigeria and Lagos have, in many respects, led in seeking to bolster certainty and effectiveness of the arbitral process. As seen above, arbitral tribunals may make orders and may direct a party to take such interim measure of protection as the tribunal may consider necessary. 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. The High Court in Nigeria was recently confronted with an important and novel situation in LASG v PHCN (2012) 7 CLRN 134. 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. Injunction serves as an order of equitable nature restraining the person to Nigeria is also party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. 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. 3.5.0: anton piller injunction. The election in Nigeria is held every 4 years and often holds in the month of February. In that case, the claimant had reasons to believe that the assets of the respondent were in the process of being dissipated while arbitration was still pending. Types of injunctions obtainable in court are; An Interim injunction-although lasts for a short time, is usually granted only in cases of urgency requiring immediate relief. 98) 419, a case which involved a shareholders’ dispute in respect of a commercial bank in Nigeria, explained the nature of this type of injunction at 447 thus: This type of injunction can be invoked as a provisional remedy to preserve subject matter. An example of this is in cases where a plaintiff comes to court because a building has been erected beside them interfering with their right to light. 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 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. Send your press release/articles to firstname.lastname@example.org, email@example.com, Follow us on Twitter at @Nigerialawyers and Facebook @ facebook.com/thenigerialawyer, For Advert Inquiries 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. 3.5.0: anton piller 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. 3.3.0: mandatory injunction. 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. A prospective registrant may contact a lawyer for a cost. There are many different types of injunction and they may operate as an interim injunction or as a final injunction. In 1980, the injunction was granted against a non-resident present in England, and subsequently, in a different case, the jurisdiction was extended to a resident defendant. 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. 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. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a … 3.4.0: mareva injunction. Types of Injunction. It is designed to examine the various types of injunction available in Nigeria and the purpose they serve. 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. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. In all, the courts are trying to serve justice to the parties in the dispute. Naturally, the respondent contested the application, arguing that the court lacked jurisdiction or power to make the order owing to the agreement to arbitrate between the parties. 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 … These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. 2.3.0: doctrinal basis of injunction and its application in nigeria judicial system. However, in terms of case law in Nigeria, recognition of Mareva injunction may be first traced to the Supreme Court case of SOTIMINU V. OCEAN STEAMSHIP (NIG) LTD (1992) 5 NWLR (PT.239) 1, where the Supreme Court acknowledged as a preventive measure, the power of the court to grant anticipatory and preservative ex parte injunction to a Plaintiff with a good prima facie … Mandatory injunction – . Ada Obinna Edozie, Esq. The main reason for use of a preliminary injunction is the need for immediate relief. An injunction is a remedy, not a cause of action and will usually not be granted where the court considers damages would suffice. The copyright law in Nigeria provides for has several categories and the duration of rights. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. That’s not to say there haven’t been bumps along the way, however. 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. 1.2 Background to the Study EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM ABSTRACT Injunction serves as an order of equitable nature restraining the person to whom it is directed f. firstname.lastname@example.org +234 813 292 6373. chapter 4 examining other forms of injunction and the power of the n. a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. The court rejected this argument, and held that in view of the fact that the parties in custody of the monies sought to be “attached” were not parties to the arbitration agreement, the request could only properly be made to the court: “The non-parties who were to be ordered by the court to carry out some specified orders is the reason why the arbitral panel is not the proper forum for the reliefs sought.”. Olasupo Shasore The purpose of this paper is mainly to identify current Nigerian practice with regards to these order. In such cases, the courts will also consider the behaviour of the defendant; if they have acted fairly and in a neighbourly manner, they will be more inclined to award damages to the plaintiff rather than grant an injunction to compensate for the inconvenience the plaintiff suffers in the reduction of the natural light in their own property. InfoGuide Nigeria is a multi-author blog in Nigeria founded by Ifiokobong Ibanga. 844) 469. Sometimes it could be used for the illegal constructionwork, which is harm for other or developer start work in another person’s land.It could be intellectual property rather than land i.e. 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. Service of Legal Process and Taking Evidence I. Under Nigerian Law, the court tribunal may also take such interim measures of protection as may be necessary in respect of the subject matter of the dispute, before the commencement of arbitral proceedings. E-mail: email@example.com, firstname.lastname@example.org, email@example.com, Meningitis: NMA faults Yari over cause of meningitis, Osinbajo, Malami, Magu, DSS move to save anti-graft war. Thirdly, the injunction will only be granted if there is no other remedy available or adequate in the circumstance. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. Conclusion 21. 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. 2.4.0: nature and purpose of injunctions. 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. 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. It also considers the procedure by which the Nigerian courts grant the application of any type of injunction as well as the grounds that are sine qua non before the application of injunction is granted by the Nigerian courts. Such interim measures may include a direction that parties maintain status quo pending the delivery of a final award on the dispute, preserve the subject matter of the dispute and provide a means of preserving the assets out of which a subsequent award may be satisfied. Mr Patrick failed to repay the loan, Miss Atinuke sued in the Lagos high court. The order may simply be that the balance in the account must not fall below a certain figure. Service of Foreign Legal Process in Nigeria IV. Secondly, the legal right must have been infringed or there is a probability that it will be infringed. ICLG.com > Commercial Dispute Resolution > Nigeria: injunctions and protective orders, Published by: Interlocutory injunction – an interlocutory injunction is a temporary order to maintain the status quo until the main issue (primary legal action) is resolved or until enough time passes to determine the effect of the order. 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.”. The project will review the significance of injunctive remedies with a focus on the scope and classification of injunction, types of injunctions, and the required conditions for the grant of injunction. 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. Anti-Arbitration Injunction in Nigeria. An arbitral tribunal may also grant interim measures. Suits in Nigeria have been the target of such orders, such as in Travelport Global Distribution Systems BV v Bellview Airlines Ltd 2012 WL 39258556 (SDNY Sept 10 2012). These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. 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. The power and jurisdiction to make injunctive and protective orders in arbitration is an essential adjunct to the efficiency and effectiveness of arbitration in commercial disputes. 9 The answer is “no” – the fact that the plaintiff is seeking a Mareva injunction does not automatically mean that the plaintiff’s claim falls within the specified head of jurisdiction under O 11 r 1(b). Plaintiff cannot use force to enter premises but the defendant will be in contempt of court if s/he denies admission and, in addition, the court may draw adverse inferences from such a refusal (i.e., it does not look good for the credibility of the defendant). 3.8.0: enforcement of orders of injunction. Anti-suit orders & injunctions. In the case of Econet Wireless Limited v Econet Wireless Nigeria Limited, Shuaibu J. entertained an application based on Order 26 Rules 1 and 2, Order 28 Rule 1(1), Order 32 Rules 1,2, and 4 of the Federal High Court Rules for injunction pending appeal, without first examining the provisions of the Rules to determine whether he has jurisdiction or 49 Order 38 of the Lagos Rules 50 … 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. 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