The significance of injunctions in the dispensation of justice in nigeria

Thesis Overview

<p> </p><div><p><strong>INTRODUCTION</strong></p><p><strong>1.1</strong>&nbsp; &nbsp; &nbsp; &nbsp;<strong>Background</strong>&nbsp;<strong>of</strong>&nbsp;<strong>the</strong>&nbsp;<strong>study</strong></p><p>The process of instituting an action in court in order to redress a wrong takes</p><p>considerable time. Owing to the peculiar state of affairs in Nigeria, calling the court</p><p>into action to determine the respective rights of parties consumes considerable time</p><p>with possible harm to the subject matter of the suit. The subject matter in law is</p><p>commonly referred to as the <em>“res”</em>. The <em>res</em>, in deserving circumstances would need to</p><p>be preserved from waste, destruction or dissipation by any of the parties.</p><p>The history of injunction could be traced to the later part of the 16th century</p><p>when quarrel between common and Chancery over the power of the Chancery to issue</p><p>injunction in the cases before it became manifest1. Justice Coke was the Chief Judge</p><p>of the Common Law Counts while Lord Ellesmere was the Lord Chancellor in</p><p>Chancery. Chancery‟s jurisdiction was challenged by Justice Coke, notably its power</p><p>to grant common injunction restraining the enforcement of judgment decided by the</p><p>Common law courts. Justice Coke threatened to issue a writ of prohibition against</p><p>Chancery‟s interference with judgments/decisions of the Common law courts by its</p><p>issuance of common injunction2.</p><p>Nevertheless, Lord Ellesmere of the Chancery division pronounced that</p><p>Chancery had the power to grant common injunction against the judgments of the</p><p>Common law courts that were oppressive or without conscience. The conflict was</p><p>settled in the case of Earl of Oxford which was decided in favour of the Chancery that</p><p>it can give an injunction against the judgments of the Common law courts.</p><p>1 &nbsp; &nbsp; &nbsp; &nbsp; Koddinye, G. An Introduction to Equity in Nigeria. Spectrums Books Limited, Ibadan (2008)P. 3</p><p>2 &nbsp; &nbsp; &nbsp; &nbsp; Usman A. K., the Law and Practice of Equity and Trust, Faith International Printers, Zaria (2012) P. 12.</p><p>1</p></div><div><p>The ruling in the case Earl of Oxford was also to the effect that equity should</p><p>prevail whenever there is a conflict between it and common law. However, after series</p><p>of deliberations to gain autonomy for the Chancery by Lords Ellesmere and others,</p><p>Common Law Procedure Acts of 1854 and 1860 also empowered the Common Law</p><p>Counts to apply the rules of equity to cases before them, regardless of those rules</p><p>being in disagreement with the established common law rules. This was done to solve</p><p>the incidence of double litigation in respect of the same cause of action3. This is in</p><p>order to save litigants time and expenses in the cause of litigation. In another vain,</p><p>Chancery courts were empowered to decide all actions of common law without</p><p>making any reference to the Common Law court. By Chancery Amendment Act of</p><p>1852, limited power was also given to Chancery in some cases such as awarding</p><p>damages in addition or in lieu of injunction and breach of contract.</p><p>Nonetheless, the entire reform was represented by the Judicature Acts of 1873</p><p>to 1875 and the Administration of Justice Act of 1880. All existing superior courts</p><p>were abolished by the above mentioned Acts and in their place Supreme Court of</p><p>Judicature consi</p></div> <br><p></p>