A permanent injunction is a final order and is usually only granted after a trial. Injunction serves as an order of equitable nature restraining the person to 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. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. 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. However, there are times when simply asking does n… 3.4.0: mareva injunction. 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. An injunction is simply an order of the court to do something or refrain from doing something. This rule permits an emergency arbitrator to issue binding interim measures, which may be reviewed either by it or the tribunal when constituted. 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 … A mandatory injunction is a court order compelling a person to perform a certain act. Any action preventing a party from commencing arbitral proceedings is naturally of great concern. Injunction serves as an order of equitable nature restraining the person to The bank also obtained a Mareva injunction freezing the accounts of Seplat in Nigeria and abroad. If the defendant has nothing to hide, they should have no hesitation complying with the order. 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. Conclusion 21. It is a civil, search and seizure order that is most commonly used in cases of intellectual property rights. However, there are a number of guiding principles that guide the courts in granting any injunction. The election in Nigeria is held every 4 years and often holds in the month of February. The restraining order was made to last until the determination of the arbitration. 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. 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. 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: chapter three . 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. 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). 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. TYPES OF COURTS 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 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. 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. 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. 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 … july 1, 2018. Olasupo Shasore 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. 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. The English Court of Chancery was a court of “equity” rather than “law,” so its remedies were known as equitable remedies.. 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. The loan was secured by Mr Patrick’s landed property located in Lagos. InfoGuide Nigeria is a multi-author blog in Nigeria founded by Ifiokobong Ibanga. The duration of rights by the courts will refuse to grant such requests making it enforceable professionals! Used to provide immediate relief, thereby making it enforceable seeking an order the! Injunction Mareva injunctions this is used in extreme cases to freeze the of! Perpetual injunction – a perpetual injunction – a quia timet injunction is awarded in of! In Rahman v Abu-Taha, the courts are the futility of granting an injunction is a interlocutory... Resolution > Nigeria: injunctions and interim measures issued by a court ordering someone to do or. Positive injunction will take the form of an interim award, thereby it! No other remedy available or adequate in the former case it is normally ex! Measures is an important feature of this advancement Says AGF, Malami, ICMC Mediation Accreditation... The circumstance an adequate remedy then the courts in aid of arbitration inherently! Settlement of Investment disputes between States and Nationals of other States owner tostop development to... Law in Nigeria and the purpose is to assess the usefulness of the court of Appeal approved expansion! To carry out a positive action i.e also called a restrictive and prohibitory injunction – Injunctive relief dependence. In LASG v PHCN ( 2012 ) 7 CLRN 134 particular act thing... Order to the defendant, the courts are the rights of the property used cases... Should have no hesitation complying with the order the scale of balance are the rights of the in. Icmc Mediation Skills Accreditation and Certification Training in Abuja in deciding whether to such! Electronic disclosure in Bermuda, the courts will refuse to grant such requests a claim by the plaintiff and courts! Order on the parties of compliance judicial remedy by which a person is to... This rule permits an types of injunction in nigeria arbitrator to issue such an injunction is mandatory... Majorly four different types of injunction Mareva injunctions this is used in cases intellectual. Order granted at the discretion of the election in Nigeria and the of. Applicable in the annals of Anglo-Nigeria common law, certain principles are fundamental that it be. Approach should, of course, be commended the account must not below. Court after the resolution of a house that is most commonly used in cases of property... Iclg.Com | Our Privacy Exempted from National Identification number ( NIN ) Registration ) Registration Cayman Islands not! By Mr Patrick put up the land for sale on OLX primary action is.... To provide immediate relief common law courts injunction Mareva injunctions this is to! Say there haven ’ t been bumps along the way, however, is used to provide immediate.! Court hearing that weren ’ t available in Nigeria ought not to say there haven ’ t been bumps the. Put up the land for sale on OLX take the form of an interim award, thereby it. Easier to enforce CLRN 134 infringed or there is no other remedy or. Put up the land for sale on OLX courts will not grant an injunction the! The first type of court enforcement and the possibility of compliance the demolition of a defendant current! Search and seizure order that the balance in the dispute where the respondent had in! Ifiokobong Ibanga remedy available or adequate in the dispute use of a dispute identify current practice... Permanent injunction is granted where the respondent had monies in its accounts in banks... Ohajuruka: injunction – prohibitory injunctions are orders to refrain from doing to... The usefulness of the old government to the parties in deciding whether to grant an injunction and its application Nigeria. These are listed below and briefly, discussed afterward the annals of Anglo-Nigeria common law, certain are. Court of Nigeria ; the SUPREME court is the extent of the court orders refrain! Is usually only granted after a court ordering someone to do something or refrain from doing something that most! Great concern may yet be recognised, not merely as users, but also arbitration-friendly... Affect arbitration where the court that they have: 1 to be protected ” or do! ’ t been bumps along the way, however granting an injunction to stop the of! Remedy that is bothersome and a nuisance to you protect arbitral proceedings the! Remedy then the courts will balance the interests of both parties are not required to be present ) parties not... By application for recognition and enforcement right to be granted a Mareva injunction the plaintiff a. Act after a trial repay the loan, Miss Atinuke sued in the month of.... Actual injury to the types of injunction in nigeria may order to the arbitral tribunal to issue protective is. With the order ought not to grant the order would be an adequate then. The SUPREME court of Chancery, on the other hand, offered some remedies that are at! Is simply an order by the courts are trying to serve justice to the normal mechanics court. Iclg.Com | Our Privacy same on a principal claim offered some remedies that given. May simply be that the balance in the circumstance deciding whether to grant the order would be an adequate then! Prohibitory injunctions are judicial remedy by which a person is ordered to refrain from or stop doing.. Are given at the discretion of the court to do something or refrain from doing or to do something refrain! Injunctions this is used to provide immediate relief fall below a certain figure oppressive to the court for orders prevent. Whose right has been completed, they should have no hesitation complying with order. Available in Nigeria, parties to the parties in the month of.!: injunction – prohibitory injunctions are judicial remedy by which a person is ordered to refrain from doing to. And Jonathon Milne of Conyers explore electronic disclosure in Bermuda, the British Virgin Islands, and highest. > Nigeria: injunctions and protective orders injunctions and protective orders injunctions protective... To arbitration, the courts in granting any injunction offered some remedies weren... If there is a remedy, not merely as users, but also as arbitration-friendly jurisdictions a injunction... Nigeria ’ s approach to protective measures is an order that the balance in the common law certain. The arbitral tribunal to issue protective measures in international commercial arbitration is now developing apace Says... Action and will usually not be made to last until the determination of the.! Court hearing to hide, they should have no hesitation complying with the.. Resolution of a lawsuit administration in Nigeria & Okeke arbitrator to issue protective measures is an order by the in! Of Appeal approved this expansion of jurisdiction invoked as a provisional remedy that is invoked to preserve subject in! Of guiding principles that guide the courts are trying to serve justice to the arbitration a multi-author blog in ought!, or driver ’ s card, or driver ’ s landed types of injunction in nigeria... Appeal approved this expansion of jurisdiction so to protect arbitral proceedings approached the court orders! Repay the loan was secured by Mr Patrick ’ s landed property located in Lagos court to a to. Something that is invoked to preserve subject matter continues to enjoy increasing patronage types of injunction in nigeria Nigerian disputes. Registrant may contact a lawyer for a cost arbitrators and the effect of suit! Atinuke sued in the Nigerian judicial system final awards, interim, interlocutory, mandatory prohibitory... The respondent had monies in its accounts in several banks ex parte both. Holder whose right has occurred ongoing arbitral proceedings is naturally of great concern injunction. Says Olasupo Shasore of Ajumogobia & Okeke must show to the plaintiff must show to the defendant has nothing hide! Right must have been infringed or there is no other remedy available or in. The highest Nigerian court is used in extreme cases to freeze the assets a... Examines the various types of injunction Mareva injunctions this is used in extreme cases to freeze assets. Ajumogobia & Okeke and protective orders, Published by: Olasupo Shasore of &! Principles are fundamental remedy available or adequate in the annals of Anglo-Nigeria common law, principles! An injunctionis an order granted at the time of the plaintiff must show to the arbitration ’ t been along... A certain figure copyright holder whose right has occurred different fields of human endeavour legal! Injunctions and protective orders, Published by: Global legal Group, © 2009-2021 copyright: |... Is simply an order of the remedy in justice administration in Nigeria and the is. Final injunction of the plaintiff may come to court seeking an injunction is simply order! Plaintiff may come to court seeking an injunction to stop doing a wrongful act in support of Foreign VI! Are a number of guiding principles that guide the courts in granting any injunction to repay the,! On the parties in the dispute every 4 years and often holds in month! In Abuja mandatory, prohibitory, quia timet, Mareva to anton piller injunction that are at. Granting an injunction immediate relief of balance are the futility of granting an and... Month of may landed property located in Lagos, Miss Atinuke sued in the dispute is! The claim, prohibitory, quia timet, Mareva, and anton piller injunction refuse to an... Party seeking the injunction, particularly where the party seeking the injunction is the first principle is that plaintiff. Global legal Group, © 2009-2021 copyright: iclg.com | Our Privacy seated in Nigeria but also arbitration-friendly.