AN APPRAISAL OF THE EQUITABLE REMEDY OF INJUNCTION AND ITS APPLICATION IN THE NIGERIAN COURTS

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AN APPRAISAL OF THE EQUITABLE REMEDY OF INJUNCTION AND ITS APPLICATION IN THE NIGERIAN COURTS

Abstract:

The remedy of injunction is perhaps the most important equitable remedy. Despite the fact that the remedy of injunction was evolved by equity many centuries ago, the theory and judicial application of the remedy and its development in the court is still riddled with confusion and deficiency of theory. Prone to abuse, certain aspects of the remedy are threatened with abandonment by the courts. Judicial conservatism and lack of pro-activeness stands in the way of the development of the remedy in areas of Environmental Law and Mareva Injunction. By exploring case law and statutory law on the remedy of injunction and by appraising the body of existing literature on the remedy, this work highlights the relevance and potentials of injunction and exposes the deficiencies of the remedy by its findings. The recommendations of this work seek to provide answers to the findings of the work.

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