BALANCING INCONVENIENCES BEFORE INJUNCTION IS GRANTED

DISCRETION FOR INJUNCTION NOT TO BE MADE TECHNICAL BY RULES

In Obeya Memorial Hospital v. A.G. of the Federation (1987) 3 NWLR (Pt. 60) 325 at p.338 E-G; Obaseki, JSC held as follows:- “In cases where the legal rights of the parties depend upon the facts that are in dispute between them, as in the instant appeal, the evidence available to the Court at the hearing of the application for an interlocutory injunction is incomplete. It is given on affidavit and has not been tested by oral cross-examination. The supporting affidavit of John Ede and Obande has not been tested in oral cross-examination. Neither has the counter-affidavit of Bernard Iyorbyam Hom, the Attorney General of Benue State been tested in oral cross-examination. The purpose sought to be achieved by giving to the Court Discretion to grant such injunctions would he stultified if the discretion were dogged by a technical rule forbidding its exercise if upon that incomplete untested evidence the Court evaluated the chances of the plaintiff’s ultimate success.”

NATURE OF AN INJUNCTIVE RELIEF

“It has been held in a legion of cases that an interlocutory injunction which is usually granted at the discretion of the court is an equitable remedy granted before or during trial to prevent an irreparable injury from occurring before the court has the opportunity to finally determine the case before it. Its main purpose is to keep the parties to an action in status quo in which they were before the judgment on the act complained of; to protect the applicant against injury which damages cannot be adequate compensation if at the end of the trial the applicant succeeds in obtaining judgment in the suit. See Globe Fishing Industries Limited and Ors V. Chief Folarin Coker (1990) LPELR-1325(SC), Chief Samuel Adebisi Falomo V. Oba Omoniyi Banigbe and Ors (1998) LPELR-1237(SC) and Dekit Construction Co. Ltd. & Anor. V. Musibau Adebayo & Ors. (2010) LPELR-4030(CA). The onus is therefore on an applicant(s) seeking an injunctive relief from the court to satisfy the court by way of affidavit evidence and other relevant materials that he/they is/are entitled to the injunctive relief(s) being sought from the court. See The Attorney-General of Anambra State V. The Attorney-General of the Federal Republic of Nigeria & 35 others (2005) 9 N.W.L.R (Part 931)572 at 634 paras. C – E.”

— P.I. Hamman, J. per paras. 2.8 – 2.9. FRN v ASUU (2022) – NICN/ABJ/270/2022