The first is that the Mareva injunction is ordered before the action between the parties had been heard and determined. In that case in fact the first order of injunction was granted before the writ commencing the action was issued. This is because of the urgency usually attached to the application for and issuance of a Mareva injunction. In the instant case on appeal however, the Court has gone into the case between the parties on its merits and dismissed the plaintiff’s case. What is involved thereafter is the normal application for an interlocutory injunction and not a Mareva injunction. Secondly, reasons must be shown for a belief that the defendant has assets within the jurisdiction which the plaintiff/applicant is seeking to prevent from being removed outside the jurisdiction. In the present case, the applicant’s affidavit evidence suggests the contrary.
– Omo JSC. Sotuminu v. Ocean Steamship (1992)