Questions and Answers
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.
personam
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.
Signup and view all the answers
An injunction will not be granted in connection with title to, or the right to possession of, land outside the ______.
Signup and view all the answers
At common law, the basic remedy available to a litigant is ______.
Signup and view all the answers
The fact that the Court of Chancery alone had jurisdiction to grant an injunction at the time inevitably led to much duplication of ______.
Signup and view all the answers
In 1854, the Common Law Procedure Act also empowered the Common Law Courts to grant ______ in certain cases.
Signup and view all the answers
The Judicature Acts, 1873-1875 created the Supreme Court of ______ with power to administer the rules of common law and equity.
Signup and view all the answers
The High Court may grant an injunction by an ______ order in cases where it appears just and convenient.
Signup and view all the answers
In Nigeria, the Supreme Court and various States High Courts are enjoined to administer law and ______ concurrently.
Signup and view all the answers
Section 22 of the Supreme Court Act empowers the Supreme Court of Nigeria to make any ______ necessary for determining the real question in controversy.
Signup and view all the answers
The equitable remedy of ______ is granted at the discretion of the court under equitable principles.
Signup and view all the answers
The court is required to consider justice and ______ to both parties under the circumstances of the case.
Signup and view all the answers
Jurisdiction to grant an injunction is exercised not on individual preferences of the ______, but according to legal principles.
Signup and view all the answers
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.
Signup and view all the answers
The courts must ensure that the injunction granted is just and ______ affecting both parties.
Signup and view all the answers
The court needs to balance the interest of the parties, including the balance of ______ and disadvantages.
Signup and view all the answers
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.
Description
This quiz explores the concept of injunctions as a key equitable remedy in legal contexts. You'll learn about the nature of injunctions, including their definition, application, and the principles of equity that govern them. Test your understanding of how injunctions operate and their importance in legal proceedings.
