What injunction means
An injunction is a court telling somebody to stop, or occasionally to act.
Most litigation is about money after the event. An injunction is about preventing the event. Stop demolishing the building. Stop using the mark. Stop disposing of the asset while the case runs.
Because it interferes with what somebody is doing before the case has been decided, courts grant it carefully and on conditions.
How it is used
In Nigeria injunctions arise constantly in land disputes, where one side is building on land the other claims, and in intellectual property, where a brand is being used without authority.
An applicant typically has to show a serious question to be tried, that damages would not be an adequate remedy, and that the balance of convenience favours granting it. They usually also give an undertaking to compensate the other side if the injunction turns out to have been wrongly granted.
Key features
- A court order to do or refrain from doing something
- Interim and interlocutory orders hold the position while the case proceeds
- A perpetual injunction is granted as final relief after trial
- The applicant normally gives an undertaking as to damages
- Breach of an injunction is contempt of court
How this works in Nigeria
Speed is everything. An injunction restraining construction is worth a great deal on day two and very little once the building is up, because courts are reluctant to order demolition of completed work and will more readily award damages instead.
Ex parte applications, made without notice to the other side, are available in genuine urgency but are short lived and closely scrutinised. Nigerian courts have criticised the abuse of ex parte orders, so an applicant should expect to justify why the other side could not be heard.
Injunction vs damages
Damages compensate after the harm. They are the default remedy and they work well where money genuinely restores the position.
An injunction prevents the harm. It is what you need where money would not fix it, for example where land, reputation, confidential information or a unique asset is at stake.
That is exactly the test a court applies. If damages would be an adequate remedy, you generally will not get an injunction, however inconvenient the other side's conduct is.
Limits and risks
An injunction is discretionary, not a right. Delay in applying, unclean hands, or failure to disclose material facts on an ex parte application can all defeat it.
The undertaking as to damages is also a real exposure. An applicant who obtains an injunction and later loses can be required to compensate the other side for the loss the injunction caused.
Worth knowing
Apply immediately. Courts ask why you waited, and an applicant who watched construction for three months before objecting has already undermined their own urgency.
Questions people ask
What is an injunction?
A court order requiring a person to do something or to stop doing something. It is used where waiting for a damages award at the end of a case would come too late to be any use.
What do I need to show to get one?
Broadly, that there is a serious question to be tried, that damages would not be an adequate remedy, and that the balance of convenience favours granting it. You will normally also give an undertaking to compensate the other side if the order was wrongly obtained.
What is an ex parte injunction?
One granted without notice to the other side, available in genuine urgency. It is short lived and closely scrutinised, and Nigerian courts have criticised its abuse, so the urgency must be real.
What happens if somebody ignores an injunction?
Disobeying a court order is contempt of court, which carries serious consequences including committal. It is not a risk anybody should treat lightly.
Can I get an injunction to stop construction on disputed land?
It is one of the most common uses in Nigeria, and speed decides it. Applying early, before substantial work is done, is far more likely to succeed than applying once the structure is up.