The Extent of Exparte Order of Interim Injunction in Judicial Proceedings

Abstract

The law with respect to interim injunction constitutes one of the most difficult sections of our law. The difficulty exists not because the law is recondite but because the ascertained principles of law must be subjected at all times to a rather amorphous combination of facts which are perpetually different in every case. This by nature subjects exparte injunctions to occasional abuse and misuse, making it a subject of controversy of all the temporary Orders. This article seeks to examine the extent of Exparte Order of interim injunction in judicial proceedings. Utilizing the doctrinal approach, the paper emphasizes the need to balance the discretionary power of Judges in respect of exparte injunctions with the conscious duty imposed by the NJC Policy direction of May 11, 2022 which seeks to prevent the multiplicity of litigations at different Courts of coordinate jurisdiction across the nation. The article recommends that Judges should be alert and careful in granting interim Order of Injunction except in clear and deserving cases.