One of the common beginnings of many lawsuits in Nigeria usually include injunctions, which can be controversial as the main causes of action themselves.
Injunctions have several uses and can be handy when seeking to urgently halt legally irreparable damage or to create a status quo situation.
This article will be looking at injunctions as a concept under Nigerian Law, from their definition to functions to categories and to the requirements needed for them to be invoked.
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What exactly is an injunction?
An injunction is a judicial order barring, holding back or legally restraining a person or legal entity from beginning or continuing an action constituting usually irreparable damage to the rights of another party or the public. It can also be used to compel the performance of an act by a party.
What are the available types of injunctions under Nigerian Law?
The types of injunctions available under Nigerian Law are :-
– Interim Injunctions :- Which are to be used in cases of extreme urgency and are meant to last for a limited time of 24 hours to 2 weeks.
– Interlocutory Injunctions :- Which are to be used to maintain status quo situations pending the determination of a substantive suit e.g. Post-No-Debit(PND) orders on bank accounts pending criminal investigation and lawsuit determination.
– Mareva Injunctions :- These are used to prevent a respondent or defendant from removing assets within the jurisdiction of the court issuing the order.
– Anton Pillar Injunctions :- These are Injunctions typically used to provide the time and opportunity needed for the detention, maintenance and inspection of intellectual property like pirated or stolen/illegally reproduced trademarks and copyrights.
How are Injunctions usually gotten?
Injunctions are gotten through courtroom applications known as motions which can be ex-parte (without the notice of the party against whom the injunction is given) or on notice.
What are the grounds for granting an injunction?
To succeed in getting an injunction, the following must exist :-
- There must be an existing legal right requiring the protection of the court.
- There must be a substantial issue for determination by the court.
- There must be enough evidence to show that not granting an injunction would lead to irreparable damages which may be beyond adequate compensation.
- There must be an undertaking to indemnify the party against whom the injunction is given against any damage where the substantive suit turns out to be frivolous.
- The balance of convenience must weigh in favour of the party seeking the injunction i.e. The applicant must show that he will suffer more legal harm if the application for an injunction is refused.
- The applicant must have made a full disclosure of all relevant natural factors.
- There is a high risk of the respondent removing the disputed asset from the jurisdiction of the court.
How exactly are Injunctions like Post-No-Debit orders be nullified?
Injunctions can be nullified by :-
– Appeals to superior courts having jurisdiction.
– Counter-applications to the courts responsible for issuing the injunctions to set aside the order on the basis of fully disclosed relevant facts.
– Courtroom applications made ex debito justitiae (strictly on the grounds of justice).
Appeals Under Nigerian Law
An appeal is a legal process by which unsatisfied parties to litigation proceedings can have judicial decisions reviewed and overturned or modified by going up the court hierarchy above the powers of the court that granted the contended decision/judgment.
This article will be talking about appeals in their entirety, with a focus on :-
– The legal framework governing appeals in Nigeria.
– Who has a right of appeal under Nigerian Law.
– The categories of appeals under Nigerian Law.
– Grounds of appeal.
– Classes of appellant briefs.
What is the legal framework governing litigation appeals in Nigeria?
Appeals in Nigeria are guaranteed as a right by the Constitution of The Federal Republic of Nigeria and the rules of each court on the ladder of Nigeria’s court hierarchy.
What are the categories of appeals under Nigerian Law?
Appeals in Nigeria can be either:-
- As of right guaranteed by the Constitution.
- With the leave of a court of competent jurisdiction.
Under which circumstances would a party be deemed to have the inalienable right to appeal a court judgment under Nigerian Law?
The right to appeal would exist regarding :-
- Final decisions of a lower court.
- Questions of Law.
- The subject matter of constitutional interpretation/application.
- The imposition of death sentences.
- The existence of an injunction.
- Fundamental Human Right issues.
- Company malfeasance.
- The liberty of a person in custody.
In which cases would the right to appeal be deemed non-existent?
There is no right of appeal regarding :-
– The decision of a high court granting unconditional leave to defend an action.
– Final dissolution orders in matrimonial cases.
– In the case of consent judgments.
– Decisions on only punitive costs.
When would an appeal be required to be sought with leave of the court?
This would be in the case of :-
– Interlocutory decisions on grounds of facts or mixed laws and facts.
– Final decisions of the court sitting on an appeal.
What are the acceptable grounds of appeal under Nigerian Law?
A ground of law will be deemed valid when it alleges :-
- An error in law by way of misapplication of law to settled facts.
- Misdirection on the part of a judge by way of a misconstruction of facts or law or by way of incorrectly summarizing the evidence before the court.
- That the evidence is heavily against the weight of the judgment.
What is the time frame within which an appeal must be commenced?
Applications for the leave to appeal where refused are to be made to the higher court (specifically from the high court to the Court of Appeal for the purpose of this article) within a period of 15 days.
Appeals in criminal matters from the High Court are to be made within 90 days and 3 months in Civil matters.
When will the particulars of an alleged error in a judgment appealed against be deemed not necessary?
The particulars of the error in a judgment being appealed against will not be required when an appeal is based on what is called an Omnibus ground of appeal simply stating that the judgment of the lower court is against the weight of the evidence tendered before it.
Can the defending party in an appeal also file his own counter-appeal?
Yes he can . This can be either in the form of a respondent notice filed by a party who won a suit at its trial stage but seeks a minor variation of the judgment or an affirmation of the judgment on another ground OR a cross-appeal where a respondent is disqualified with an important finding in a judgment actually awarded in his favour and seeks to reverse it.
It should be noted that a cross-appeal would still exist even where the appellant withdraws his appeal suit.