Podcast
Questions and Answers
Equitable remedies include injunction, specific performance, rescission, and ______, delivery up and cancellation of documents.
Equitable remedies include injunction, specific performance, rescission, and ______, delivery up and cancellation of documents.
rectification
An injunction is a judicial process or mandate operating in ______ by which, upon certain established principles of equity, a party is required to do or refrain from doing a particular thing.
An injunction is a judicial process or mandate operating in ______ by which, upon certain established principles of equity, a party is required to do or refrain from doing a particular thing.
personam
The application of injunction illustrates the equitable maxim, equity acts in ______.
The application of injunction illustrates the equitable maxim, equity acts in ______.
personam
An injunction is an order of the ______ to a party to the effect that he shall do or refrain from doing a particular act.
An injunction is an order of the ______ to a party to the effect that he shall do or refrain from doing a particular act.
An injunction will not be granted in connection with title to, or the right to possession of, land outside the ______.
An injunction will not be granted in connection with title to, or the right to possession of, land outside the ______.
At common law, the basic remedy available to a litigant is ______.
At common law, the basic remedy available to a litigant is ______.
The fact that the Court of Chancery alone had jurisdiction to grant an injunction at the time inevitably led to much duplication of ______.
The fact that the Court of Chancery alone had jurisdiction to grant an injunction at the time inevitably led to much duplication of ______.
In 1854, the Common Law Procedure Act also empowered the Common Law Courts to grant ______ in certain cases.
In 1854, the Common Law Procedure Act also empowered the Common Law Courts to grant ______ in certain cases.
The Judicature Acts, 1873-1875 created the Supreme Court of ______ with power to administer the rules of common law and equity.
The Judicature Acts, 1873-1875 created the Supreme Court of ______ with power to administer the rules of common law and equity.
The High Court may grant an injunction by an ______ order in cases where it appears just and convenient.
The High Court may grant an injunction by an ______ order in cases where it appears just and convenient.
In Nigeria, the Supreme Court and various States High Courts are enjoined to administer law and ______ concurrently.
In Nigeria, the Supreme Court and various States High Courts are enjoined to administer law and ______ concurrently.
Section 22 of the Supreme Court Act empowers the Supreme Court of Nigeria to make any ______ necessary for determining the real question in controversy.
Section 22 of the Supreme Court Act empowers the Supreme Court of Nigeria to make any ______ necessary for determining the real question in controversy.
The equitable remedy of ______ is granted at the discretion of the court under equitable principles.
The equitable remedy of ______ is granted at the discretion of the court under equitable principles.
The court is required to consider justice and ______ to both parties under the circumstances of the case.
The court is required to consider justice and ______ to both parties under the circumstances of the case.
Jurisdiction to grant an injunction is exercised not on individual preferences of the ______, but according to legal principles.
Jurisdiction to grant an injunction is exercised not on individual preferences of the ______, but according to legal principles.
In the case of Echaka Cattle Ranch Ltd v Nigeria Agricultural and Co-operative Bank Ltd, the exercise of ______ is a matter exclusively for the courts.
In the case of Echaka Cattle Ranch Ltd v Nigeria Agricultural and Co-operative Bank Ltd, the exercise of ______ is a matter exclusively for the courts.
The courts must ensure that the injunction granted is just and ______ affecting both parties.
The courts must ensure that the injunction granted is just and ______ affecting both parties.
The court needs to balance the interest of the parties, including the balance of ______ and disadvantages.
The court needs to balance the interest of the parties, including the balance of ______ and disadvantages.
Flashcards are hidden until you start studying
Study Notes
Equitable Remedies Overview
- Equitable remedies encompass injunctions, specific performance, rescission, rectification, delivery up, and cancellation of documents.
- Designed to address inadequacies of common law remedies like damages.
Injunctions
- Defined as a judicial order requiring a party to do or refrain from doing a specific act.
- Operates in personam, meaning it acts upon the individual rather than the property.
- Can be enforced even if the defendant is outside the jurisdiction, given proper service.
- Generally, injunctions will not address land rights outside the jurisdiction, even if the defendant resides within.
Historical Context
- Originated from the Court of Chancery, created to supplement common law where damages were insufficient.
- Common law primarily provided damages; injunctions were employed to maintain peace before judgement.
- The Common Law Procedure Act 1854 allowed Common Law Courts to grant injunctions in certain cases.
- The Judicature Acts of 1873-1875 unified the courts, empowering the Supreme Court of Judicature to administer both equity and common law.
Nigerian Legal Framework
- In Nigeria, Supreme and State High Courts must administer law and equity similarly to England's High Court.
- Section 13 of the High Court Law of Lagos State empowers courts to grant injunctions where just and convenient.
- Section 22 of the Supreme Court Act allows interim orders or injunctions necessary to determine appeals.
- Courts can issue injunctions with or without conditions based on what is deemed just.
Discretionary Nature of Injunctions
- Courts have discretion to grant injunctions, but must exercise it judiciously and in accordance with equitable principles.
- Consideration includes justice to both parties, balance of convenience, and relevant circumstances of the case.
- The decision must be based on legal principles rather than personal preferences of the judge.
- Example from Echaka Cattle Ranch Ltd v Nigeria Agricultural and Co-operative Bank Ltd illustrates that discretion involves weighing all circumstances and interests involved.
Judicial Principles
- The court's aim is to ensure that injunctions are just and reasonable, taking into account all case circumstances.
- The power to grant injunctions serves primarily to protect rights and prevent injury.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
