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. What types of injunction can be obtained? The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. The court specifically located its power: “…in the application of article 26 (3) it is clear and unequivocal that the request for interim measure addressed by any party to the court shall not be deemed incompatible with the agreement to arbitrate or as a waiver to that agreement.”, Respondent then contended that only the arbitral tribunal had power to make interim measures in respect of proceedings before it. Mandatory injunction – mandatory injunctions are orders to carry out a positive action i.e. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. Service of Legal Process Out of Nigeria III. The reasons are clear – not least being to protect the fundamental objectives of arbitration, namely that parties should be free to agree on how their disputes are to be resolved, and such agreements shall be binding and enforceable. EX-PARTE INJUNCTION In the annals of Anglo-Nigeria common law, certain principles are fundamental. The English Court of Chancery, on the other hand, offered some remedies that weren’t available in the common law courts. This approach should, of course, be commended. ENWEREMADU Vs. OHAJURUKA: INJUNCTION – Injunctive relief – dependence of same on a principal claim. To be granted a Mareva Injunction the plaintiff must show to the court that they have: 1. The first principle is that the plaintiff (the party asking for the injunction) must have a legal right to be protected. The recently-established Lagos Court of Arbitration (LCA), an international ADR centre located in Lagos, operates a national Arbitration and Conciliation Act based on the Model Law, and new state legislation is also in the process of accommodating provisions for pre-tribunal constitution measures in the LCA 2011 Rules. 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. These orders affect arbitration where the party seeking the injunction does so to protect arbitral proceedings in Nigeria. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. A party to arbitral proceedings approached the court for orders to prevent dissipation while at arbitration. Alex Potts QC and Jonathon Milne of Conyers explore electronic disclosure in Bermuda, the British Virgin Islands, and the Cayman Islands. This injunction is protective in nature. 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. A temporary injunction, also called a preliminary injunction, is used to provide immediate relief. The scope of the arbitrators’ authority to issue protective measures is an important feature of this advancement. You cannot fully claim to be a citizen of a country if you don’t have a means of identification. 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. 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. However, there are times when simply asking does n… Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. THE SUPREME COURT OF NIGERIA; The Supreme Court is the first type of court in Nigeria and the highest Nigerian Court. confidential client’s database,which is used for previous emplo… Prohibitory injunction – prohibitory injunctions are orders to refrain from or stop doing a wrongful act. 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. chapter three . The order may simply be that the balance in the account must not fall below a certain figure. Electronic disclosure in Bermuda, the legal right has been infringed is entitled to damages injunctions... 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