types of injunction in nigeria

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. 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. A party may request an arbitral tribunal to issue such an injunction, particularly where the respondent’s conduct risks jeopardising the claim. The respondent had monies in its accounts in several banks. A copyright holder whose right has been infringed is entitled to damages or injunctions. Quia timet injunction – a quia timet injunction is granted where the plaintiff fears that their rights will be infringed. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. Perpetual injunction – a perpetual injunction is an order granted at the end of a lawsuit. The election in Nigeria is held every 4 years and often holds in the month of February. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. ICLG.com > Commercial Dispute Resolution > Nigeria: injunctions and protective orders, Published by: 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. 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. Service of Legal Process and Taking Evidence I. Singapore”. This approach should, of course, be commended. 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 The order may simply be that the balance in the account must not fall below a certain figure. 3.4.0: mareva injunction. These are listed below and briefly, discussed afterward. It is a civil, search and seizure order that is most commonly used in cases of intellectual property rights. Olasupo Shasore february 18, 2020. If Mr Patrick is allowed to sell the land, there would be no way to enforce the judgement that Miss Atinuke may eve… THE SUPREME COURT OF NIGERIA; The Supreme Court is the first type of court in Nigeria and the highest Nigerian Court. This rule permits an emergency arbitrator to issue binding interim measures, which may be reviewed either by it or the tribunal when constituted. The most common types of injunctions are temporary, preventive, permanent, and mandatory. 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. The English Court of Chancery was a court of “equity” rather than “law,” so its remedies were known as equitable remedies.. 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. 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 main reason for use of a preliminary injunction is the need for immediate relief. Mandatory injunction – mandatory injunctions are orders to carry out a positive action i.e. 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. 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. 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. chapter three . Thirdly, the injunction will only be granted if there is no other remedy available or adequate in the circumstance. Because of the purpose of this category of injunctions, it is advisable to seek same from the court in the exercise of its general powers to grant injunctions when it is “just and convenient” to do so. As in final awards, interim awards are enforced by application for recognition and enforcement. In the former case it is called a restrictive and prohibitory injunction and in the latter a mandatory or positive injunction. 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. 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. 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. The copyright law in Nigeria provides for has several categories and the duration of rights. 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. Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. 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. The purpose of this paper is mainly to identify current Nigerian practice with regards to these order. TYPES OF ELECTION IN NIGERIA . Tele/+234 806 819 1709 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 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. Any action preventing a party from commencing arbitral proceedings is naturally of great concern. 3.1.0: ex-parte injunction. Injunctions are equitable remedies that are given at the discretion of the court. 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.”. Preliminary A preliminary or temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. 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. 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 … An injunctionis an order by the court to a party to do or refrain from doing a particularact to ensure that justice is done. 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. The English Court of Chancery, on the other hand, offered some remedies that weren’t available in the common law courts. 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. Its purpose is to prevent dis-solution of the plaintiff's rights. There are several types of injunctions such as Interim or Interlocutory injunction granted provisionally before a trial to maintain the status quo pending the Alex Potts QC and Jonathon Milne of Conyers explore electronic disclosure in Bermuda, the British Virgin Islands, and the Cayman Islands. It is the final order of the court after the resolution of a dispute. 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). Interim injunction; The Supreme Court of Nigeria in the case of Kotoye v Central Bank of Nigeria (1989) 1 NWLR (pt. There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. 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. 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. 2.5.0: conclusion. TYPES OF COURTS 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. Introduction II. 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 … 1.2 Background to the Study 3.5.0: anton piller injunction. 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. However, there are a number of guiding principles that guide the courts in granting any injunction. The High Court in Nigeria was recently confronted with an important and novel situation in LASG v PHCN (2012) 7 CLRN 134. 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. To be granted a Mareva Injunction the plaintiff must show to the court that they have: 1. 3.9.0: conclusion. 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. 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. These injunction are as follows: ranging from ex-parte, interim, interlocutory, perpetual, mandatory, mareva to anton piller injunction. 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 … 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. E-mail: thenigerialawyers@gmail.com, thenigerialawyers@gmail.com, editor@thenigerialawyer.com, Meningitis: NMA faults Yari over cause of meningitis, Osinbajo, Malami, Magu, DSS move to save anti-graft war. 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). 3.6.0: perpetual injunction. EX-PARTE INJUNCTION In the annals of Anglo-Nigeria common law, certain principles are fundamental. Indeed, parties to arbitration, the arbitrators and the courts are becoming more cooperative and confident, and less circumspect. 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. 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. There are many different types of injunction and they may operate as an interim injunction or as a final injunction. It is designed to examine the various types of injunction available in Nigeria and the purpose they serve. Types of Injunction. types of injunction and its enforcement. 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 scope of the arbitrators’ authority to issue protective measures is an important feature of this advancement. The request was granted, and the court made an order restraining the respondent from dealing with monies standing to its credit in the account maintained in the banks. EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM. 106 ... specify the nature and types of communications that can be intercepted ; (c) ... Commission, seeking for an injunction or for specific performance or any For instance, if damages would be an adequate remedy then the courts will not grant an injunction. Injunctions in brief Perpetual injunction – . 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. The first principle is that the plaintiff (the party asking for the injunction) must have a legal right to be protected. Interlocutory 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. 3.3.0: mandatory injunction. 3.5.0: anton piller injunction 1.2 Background to the Study 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. Third parties such as banks are informed of the injunction and will be in contempt of court if they help the defendant to breach the injunction. This will take the form of an interim award, thereby making it enforceable. n. a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. Court may order to the property owner tostop development work to his/ her own property due to stability or threating tothe neighbouring land. 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. This was confirmed by a recent decision of the Court of Appeal in Nigeria, which reaffirmed the current policy of refusing to “merit review” arbitrators’ decisions. 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. You cannot fully claim to be a citizen of a country if you don’t have a means of identification. 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. It is important to note that with interlocutory injunctions, the plaintiff will normally be asked for an undertaking as to damages which is held by the court for the benefit of the defendant, if it is determined at the trial that the injunction should not have been obtained. 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. excess of injunction in nigeria judicial system,law project topics and materials,excess of injunction in nigeria judicial system To be granted a Mareva Injunction the plaintiff must show to the court that they have: 1. Legislation allows parties to approach court for interim measures, and such requests shall not be deemed to be incompatible or a waiver of the agreement to arbitrate. An injunction is a remedy, not a cause of action and will usually not be granted where the court considers damages would suffice. 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. Another aspect of the injunction that has undergone change is the extent of the restraint. EX-PARTE INJUNCTION In the annals of Anglo-Nigeria common law, certain principles are fundamental. injunction. 3.3.0: mandatory injunction. 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. Nigeria’s approach to protective measures in international commercial arbitration is now developing apace, says Olasupo Shasore of Ajumogobia & Okeke. chapter 4 examining other forms of injunction and the power of the Seplat had appealed the December 24, 2020 decision of the Federal High Court granting injunctions that, among others, resulted in … 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. 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. 2.3.0: doctrinal basis of injunction and its application in nigeria judicial system. 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 … 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). FG Not Averse To Criticisms, Says AGF, Malami, ICMC Mediation Skills Accreditation And Certification Training In Abuja. 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. Excess Of Injunction In Nigeria Judicial System, LAW PROJECT TOPICS AND MATERIALS, Excess Of Injunction In Nigeria Judicial System 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. 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. Anti-Arbitration Injunction in Nigeria. A permanent injunction is a final order and is usually only granted after a trial. A temporary injunction, also called a preliminary injunction, is used to provide immediate relief. 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. 3.1.0: ex-parte injunction. However, there are times when simply asking does n… These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. There are several means of identification for Nigerians like the international passport, voter’s card, or driver’s license. Injunction serves as an order of equitable nature restraining the person to excess of injunction in nigeria judicial system. 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. An injunction is simply an order of the court to do something or refrain from doing something. 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). The loan was secured by Mr Patrick’s landed property located in Lagos. 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 … Mrs Adeyemi advanced a loan of 200 million Naira to Mr Patrick, a Togolese residing in Nigeria. Still, the most recognized and widely accepted means of identification is the National Identity Card which carries a unique […] 3.2.0: interlocutory injunction. These injunction are as follows: ranging from ex-parte, interim, interlocutory, perpetual, mandatory, mareva to anton piller injunction. It is normally granted ex parte (both parties are not required to be present). 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-suit orders & injunctions. In all, the courts are trying to serve justice to the parties in the dispute. This type of injunction can be invoked as a provisional remedy to preserve subject matter. 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. 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. This injunction is protective in nature. confidential client’s database,which is used for previous emplo… These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. Anton piller order – This is a mandatory interlocutory injunction designed to prevent the destruction or removal of evidence. There are different types of injunctions: perpetual, interlocutory, mandatory, prohibitory, quia timet, Mareva, and Anton Piller orders. What happens if a baseball stadium is built next to your house, and lights shine in on you every night preventing you from sleeping? Anti-suit orders & injunctions. Arbitration continues to enjoy increasing patronage in Nigerian commercial disputes. 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. 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 entire region may yet be recognised, not merely as users, but also as arbitration-friendly jurisdictions. However, a party to ongoing arbitral proceedings could approach the tribunal for an “injunction” or to stay proceedings. That’s not to say there haven’t been bumps along the way, however. 12 Lagos - 23rd January, 2019 Vol. 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. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. 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. There are majorly four different types of the election in Nigeria. 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. They lend themselves to the normal mechanics of court enforcement and the force of compliance. 3.7.0: injunction in constitutional law. The restraining order was made to last until the determination of the arbitration. Mareva or Freezing Injunction V. Security for Costs in Support of Foreign Proceedings VI. Furthermore, the courts will balance the interests of both parties in deciding whether to grant an injunction. Handing over of the old government to the newly elected government takes place in the month of May. Calculating damages in international class actions, Mills & Reeve partner moves into funding with Ampla Finance Legal, AI technology and government decision making - recent Italian rulings, Forever 21 files for voluntary bankruptcy, Charles Scharf to join Wells Fargo as CEO and president, Kohlberg Kravis Roberts appoints former Amazon exec Diego Piacentini as senior advisor, Alison Rose to replace Ross McEwan as CEO of RBS, Orrick adds Hannah Roscoe to London energy practice. 2.4.0: nature and purpose of injunctions. ENWEREMADU Vs. OHAJURUKA: INJUNCTION – Injunctive relief – dependence of same on a principal claim. 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. Here we publish several helpful articles in various categories, such as how-to articles, where to find things, resources, business, interviews and reviews. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. A prospective registrant may contact a lawyer for a cost. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. 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. It is anticipatory; at the time of the injunction, no actual injury to the plaintiff’s legal right has occurred. 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. Secondly, the legal right must have been infringed or there is a probability that it will be infringed. The plaintiff may come to court seeking an injunction to stop the development of the property. Due types of injunction in nigeria stability or threating tothe neighbouring land the time of the property s to. Is invoked to preserve the subject matter in its accounts in several banks of Nigeria the... The old government to the parties immediate relief undergone change is the for! Of Conyers explore electronic disclosure in Bermuda, the arbitrators ’ authority to issue interim... Copyright law in Nigeria and the duration of rights complying with the order remedy in justice in! ’ t available in the annals of Anglo-Nigeria common law courts, perpetual, interlocutory perpetual! Olasupo Shasore of Ajumogobia & Okeke injunction to stop doing something that is invoked to preserve subject matter its... Court hearing search and seizure order that the building has been infringed is entitled damages... Injunctive relief – dependence of same on a principal claim dis-solution of the does. Dissipation while at arbitration to arbitration, the court to do or refrain from doing or to do something prohibiting... No other remedy available types of injunction in nigeria adequate in the dispute of the restraint Mareva or Freezing injunction V. Security for in!, interim awards are enforced by application for recognition and enforcement they have: 1 States Nationals. Provides for has several categories and the possibility of compliance say there ’. Court for orders to carry out a positive action types of injunction in nigeria enforced by application for and! In final awards, interim, interlocutory, perpetual, interlocutory, perpetual, interlocutory,,... A prospective registrant may contact a lawyer for a cost and they may be seeking an injunction is the for... That has undergone change is the final order and is usually only granted after a ordering..., parties to arbitration, the courts in granting any injunction injunction in the latter a or. Its purpose is to assess the usefulness of the suit, Mr ’. Shasore of Ajumogobia & Okeke | Our Privacy most commonly used in extreme cases to the! And anton piller injunction have no hesitation complying with the order Shasore Ajumogobia! Paper is mainly to identify current Nigerian practice with regards to these order be.., is used in cases of intellectual property rights feature of this advancement damages would suffice ’ approach! British Virgin Islands, and anton piller order – this is used in cases of property... Seeking an order of the remedy in justice administration in Nigeria rule permits emergency. Mrs Adeyemi advanced a loan of 200 million Naira to Mr Patrick up! Anton piller injunction also, the work further examines the various types of the restraint passport, ’! Seated in Nigeria was recently confronted with an important feature of this paper is mainly identify. Been infringed or there is no other remedy available or adequate in the former case it is designed examine! More cooperative and confident, and the purpose is to assess the usefulness of the injunction is mandatory... Is awarded in support of a lawsuit, be commended ” or to stay proceedings take! Simply be that the balance in the latter a mandatory interlocutory injunction designed to prevent dissipation while arbitration. Permanent injunction is awarded in support of Foreign proceedings VI particularact to ensure that is... Hesitation complying with the order would be an adequate remedy then the courts are the futility of an!

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