Injunction serves as an order of equitable nature restraining the person to In the U.S., injunction is the most common type of equitable remedies, and failure to comply with an injunction can lead to results ranging from fines to imprisonment. The High Court in Nigeria was recently confronted with an important and novel situation in LASG v PHCN (2012) 7 CLRN 134. 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. Types of Injunction. Interlocutory injunction – . 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. 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. 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. A copyright holder whose right has been infringed is entitled to damages or injunctions. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. A discretionary remedy that takes the form of a court order requiring a party to either refrain from doing something (prohibitory injunction) or to specifically do something (mandatory injunction). Valeria Butyrina and Ekaterina Bubnova of the Russian Arbitration Center consider whether an arbitrator’s duty to disclose information potentially leading to a conflict of interest outweighs the confidentiality obligations with reference to the IBA guidelines, arbitration rules and case law. Prohibitory injunction – prohibitory injunctions are orders to refrain from or stop doing a wrongful act. What types of injunction can be obtained? Seplat had appealed the December 24, 2020 decision of the Federal High Court granting injunctions that, among others, resulted in … 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 … 3.1.0: ex-parte injunction. These orders are granted while the primary action is pending. What if you move into a new house, and your new neighbors play loud music in the middle of the night, every single day? There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. Mareva injunctions are not intended to cripple the operations of the business, the objective is to ensure that, should the plaintiff get judgment in their favour, the defendant does not frustrate the ability of the plaintiff to execute judgment. 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. The plaintiff may come to court seeking an injunction to stop the development of the property. In Rahman v Abu-Taha, the Court of Appeal approved this expansion of jurisdiction. 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THE SUPREME COURT OF NIGERIA; The Supreme Court is the first type of court in Nigeria and the highest Nigerian Court. There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. 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 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. If the defendant has nothing to hide, they should have no hesitation complying with the order. february 18, 2020. A copyright is infringed by any person who without the license or authorization of the owner of the copyright uses or causes the copyrighted work to be used. The English Court of Chancery, on the other hand, offered some remedies that weren’t available in the common law courts. Though Mereva injunction is a kind of interlocutory injunction, it is different from interlocutory injunction in a way that all the applicant needs to do is succeed on the strength of his case while interlocutory injunction requires that the applicant needs to show that there is a serious question to be tried – Ayorinde v. A. G Oyo State (1996) 2 SCNJ 198. 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. support@iprojectmaster.com +234 813 292 6373. There are several types of injunctions such as Interim or Interlocutory injunction granted provisionally before a trial to maintain the status quo pending the The purpose of this paper is mainly to identify current Nigerian practice with regards to these order. The sources of the jurisdiction and power to grant orders in aid of arbitration include national legislation, case law and the rules governing arbitration – both institutional and ad hoc. Ordinarily, the principle is that courts are not allowed to intervene in an arbitration matter; this position is enshrined in section 34 Arbitration and Conciliation Act (ACA) 4: "a Court shall not intervene in any matter governed by this Act except where so … Still, the most recognized and widely accepted means of identification is the National Identity Card which carries a unique […] Persons Exempted from National Identification Number (NIN) Registration. 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. Tribunals seated in Nigeria ought not to grant such requests. In any other case, for example where the orders sought are against third-parties not party to the arbitration, only the court will have jurisdiction. 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. 3.6.0: perpetual injunction. 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. Increasingly, more international arbitrations are being seated in Nigeria; the recent amendments to the Arbitration Rules of the International Chamber of Commerce – such as Article 29, which provides for interim measures requested prior to the constitution of an arbitral tribunal – are important developments for the country’s community. In order to be entitled to an interim measure, the party seeking such an interim measure shall satisfy the tribunal, among other things, that there is a serious issue to be determined on the merits of the claim. 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. Service of Foreign Legal Process in Nigeria IV. Send your press release/articles to thenigerialawyers@gmail.com, editor@thenigerialawyer.com, Follow us on Twitter at @Nigerialawyers and Facebook @ facebook.com/thenigerialawyer, For Advert Inquiries Injunction; Injunction is a court order that coerces the defendant to take specific acts or refrains him or her from engaging in certain actions, i.e., breaching a contract. 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. Tele/+234 806 819 1709 In the case of so-called 'super injunctions', which restrain publication of confidential applicant, the injunction may also prohibit disclosure of the identity of the parties or the fact … 844) 469. It is a court order which prevents the defendant from removing or disposing of his assets until a further court order or until the trial. Courts have a general power to grant injunctions in all cases in which it appears to the court to be “just and convenient.” The conditions for the grant of injunctions are at the discretion of the judge; when statutes do not refer to arbitration specifically, the court will grant an injunction to restrain a party to an arbitral proceedings or any other person in relation to the subject matter of an arbitral proceedings where it appears to the court to be “just and convenient” to do so. 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. 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. 3.3.0: mandatory injunction. july 1, 2018. The note considers interim and final injunctions, prohibitory and mandatory injunctions, quia timet and springboard injunctions and injunctions in support of arbitration proceedings. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. 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. EX-PARTE INJUNCTION In the annals of Anglo-Nigeria common law, certain principles are fundamental. chapter 4 examining other forms of injunction and the power of the Injunctions in brief Perpetual injunction – . That’s not to say there haven’t been bumps along the way, however. chapter three . Introduction II. Mareva or Freezing Injunction V. Security for Costs in Support of Foreign Proceedings VI. Select Currency Service of Legal Process and Taking Evidence I. 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. A request could not be made to the arbitral tribunal as the banks were not parties to the arbitration agreement. The court specifically located its power: “…in the application of article 26 (3) it is clear and unequivocal that the request for interim measure addressed by any party to the court shall not be deemed incompatible with the agreement to arbitrate or as a waiver to that agreement.”, Respondent then contended that only the arbitral tribunal had power to make interim measures in respect of proceedings before it. Owing to a misinterpretation of the effect of foreign jurisdiction clauses in arbitration agreements invoking admiralty and maritime jurisdiction, the Nigerian Court of Appeal has fortunately moved from the position adopted in The MV Panormos Bay & Ors v Olam Nigeria plc (2004) 10 CLRN 77, where it was in favour of the prospect of anti-arbitration proceedings to the more recent case of Onward Enterprises Ltd v MV “Matrix” & Ors (2011) 5 CLRN 254, where the Court of Appeal held the view that the court will stay proceedings pending foreign arbitration based on the duty of the court to enforce arbitration agreements. Mr Patrick failed to repay the loan, Miss Atinuke sued in the Lagos high court. 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. Other factors considered by the courts are the futility of granting an injunction and the possibility of compliance with the order. It is a civil, search and seizure order that is most commonly used in cases of intellectual property rights. Anti-suit orders & injunctions. The court’s jurisdiction to grant injunctions, as well as its ability to effectively enforce them through committal proceedings, is dependent on proper service of defendants/respondents. excess of injunction in nigeria judicial system. The election in Nigeria is held every 4 years and often holds in the month of February. It may also be made to ensure the discontinuance of such an action, particularly where the suit is likely to cause imminent harm, prejudice the subject matter of the dispute or jeopardise the arbitral process. The first principle is that the plaintiff (the party asking for the injunction) must have a legal right to be protected. 1.2 Background to the Study confidential client’s database,which is used for previous emplo… The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. 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. An injunctionis an order by the court to a party to do or refrain from doing a particularact to ensure that justice is done. The recently-established Lagos Court of Arbitration (LCA), an international ADR centre located in Lagos, operates a national Arbitration and Conciliation Act based on the Model Law, and new state legislation is also in the process of accommodating provisions for pre-tribunal constitution measures in the LCA 2011 Rules. 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. For instance, if damages would be an adequate remedy then the courts will not grant an injunction. 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. 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). These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. It is a court order which prevents the defendant from removing or disposing of his assets until a further court order or until the trial. Its purpose is to prevent dis-solution of the plaintiff's rights. 3.2.0: interlocutory injunction. To be granted a Mareva Injunction the plaintiff must show to the court that they have: 1. Nigeria’s approach to protective measures in international commercial arbitration is now developing apace, says Olasupo Shasore of Ajumogobia & Okeke. The respondent had monies in its accounts in several banks. EX-PARTE INJUNCTION In the annals of Anglo-Nigeria common law, certain principles are fundamental. Perpetual injunction – a perpetual injunction is an order granted at the end of a lawsuit. 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. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. Injunctions are equitable remedies that are given at the discretion of the court. Mandatory injunction – mandatory injunctions are orders to carry out a positive action i.e. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. This type of injunction can be invoked as a provisional remedy to preserve subject matter. Nigeria is also party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. During the pendency of the suit, Mr Patrick put up the land for sale on OLX. This approach should, of course, be commended. 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. 2.5.0: conclusion. A mandatory injunction is a court order compelling a person to perform a certain act. 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. 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 entire region may yet be recognised, not merely as users, but also as arbitration-friendly jurisdictions. A party may request an arbitral tribunal to issue such an injunction, particularly where the respondent’s conduct risks jeopardising the claim. Nigeria is a country that has its own types of cake and this is so because of the cultural and so many beliefs which they have. 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. Furthermore, the courts will balance the interests of both parties in deciding whether to grant an injunction. Here we publish several helpful articles in various categories, such as how-to articles, where to find things, resources, business, interviews and reviews. Seplat had appealed the December 24, 2020 decision of the Federal High Court granting injunctions that, among others, resulted in the sealing of its corporate offices in Lagos. 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. 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). 3.0.0: introduction. Preliminary A preliminary or temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. Basically, the order aims to prevent a situation where before or after judgment, a defendant quickly transfers their assets out of the jurisdiction to avoid the judgment or penalty awarded by the courts. Covid-19-related disputes in the financial services sector – a transatlantic perspective from Jeremy Sher, Sam Bodle, Isabelle Ord, Margo Tank and Adam Dubin of DLA Piper. The scope of the arbitrators’ authority to issue protective measures is an important feature of this advancement. However, there are a number of guiding principles that guide the courts in granting any injunction. The most common types of injunctions are temporary, preventive, permanent, and mandatory. An injunction is simply an order of the court to do something or refrain from doing something. Injunction serves as an order of equitable nature restraining the person to 1. 3.5.0: anton piller injunction. ENWEREMADU Vs. OHAJURUKA: INJUNCTION – Injunctive relief – dependence of same on a principal claim. Arbitration continues to enjoy increasing patronage in Nigerian commercial disputes. 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). do something. TYPES OF ELECTION IN NIGERIA . 3 Injunctions are issued where mere award of damages at the end of the trial would not be satisfactory or effective or may lead to a greater harm or injustice. Anton piller order – This is a mandatory interlocutory injunction designed to prevent the destruction or removal of evidence. CDR Magazine published by: Global Legal Group, © 2009-2021 Copyright: iclg.com | Our Privacy. However, a party to ongoing arbitral proceedings could approach the tribunal for an “injunction” or to stay proceedings. 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. 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. It is anticipatory; at the time of the injunction, no actual injury to the plaintiff’s legal right has occurred. 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. 3.4.0: mareva 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. FG Not Averse To Criticisms, Says AGF, Malami, ICMC Mediation Skills Accreditation And Certification Training In Abuja. 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. 2.4.0: nature and purpose of injunctions. The Georgia and federal court rules set forth four criteria that must be satisfied before an interlocutory or preliminary injunction can be issued: likelihood of success on the merits; potential for irreparable harm in the absence of an injunction; harm to the plaintiff if the injunction is not granted versus harm to the defendant if the injunction is granted; and public policy … Nigeria's participation in the treaty is subject to reciprocal and commercial reservations, meaning that the award sought to be enforced must have arisen out of a commercial contractual dispute. 3.9.0: conclusion. These are situations where you may ask the offending party to stop doing something that is bothersome and a nuisance to you. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. These are listed below and briefly, discussed afterward. Federal Republic of Nigeria Official Gazette No. Where this procedure is predicated on the absence of a valid agreement to refer the dispute in question to arbitration, the irresistible rebuttal is that such disputes are themselves arbitrable. They lend themselves to the normal mechanics of court enforcement and the force of compliance. Another aspect of the injunction that has undergone change is the extent of the restraint. 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 Handing over of the old government to the newly elected government takes place in the month of May. However, there are times when simply asking does n… The loan was secured by Mr Patrick’s landed property located in Lagos. at 21/05/2013. 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. What happens if a baseball stadium is built next to your house, and lights shine in on you every night preventing you from sleeping? 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. The team comprises professionals and Consultants from different fields of human endeavour. Anti-suit orders & injunctions. Service of Legal Process Out of Nigeria III. Without doubt, protective orders injunctions and interim measures issued by the courts in aid of arbitration are inherently easier to enforce. 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. 3.7.0: injunction in constitutional law. InfoGuide Nigeria is a multi-author blog in Nigeria founded by Ifiokobong Ibanga. Anti-Arbitration Injunction in Nigeria. These injunction are as follows: ranging from ex-parte, interim, interlocutory, perpetual, mandatory, mareva to anton piller injunction. 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: 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. If you are considering applying for or enforcing an injunction against a defendant with links outside of the jurisdiction you should therefore be aware of the guidance set out in Practice Notes: 3.4.0: mareva injunction. 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. Established in 1963 and became effective on October 1, 1963, prior to the enunciation of the Federal Republic of Nigeria and the 1960 Constitution. 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. Injunctions are equitable remedies that are given at the discretion of the court. 3.8.0: enforcement of orders of injunction. If the order would be too oppressive to the defendant, the courts will refuse to grant the order. 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. A party to arbitral proceedings approached the court for orders to prevent dissipation while at arbitration. 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. Olasupo Shasore 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. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. An arbitral tribunal may also grant interim measures. 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). Types of Injunction Mareva Injunctions This is used in extreme cases to freeze the assets of a defendant. There are several means of identification for Nigerians like the international passport, voter’s card, or driver’s license. 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.”. Qc and Jonathon Milne of Conyers explore electronic disclosure in Bermuda, the courts will balance the of. Other States where the plaintiff ’ s not to say there haven ’ t bumps... 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