What is an injunction and types of injunction:
What is an injunction?
The court is a well-organized setting for deciding cases between parties and they are to attend to matters as filed by the parties. The case between the parties may involve a res that needs to be protected throughout the period of the legal battle. One of the parties that have his interest at stake in the subject matter may file an application for an injunction in the court.
An Injunction is an order granted by the court in favour of the party that made the application seeking that the subject matter of the action should be preserved throughout the lifespan of the proceeding in the court. An application for an injunction can be made in both the trial court and the appellant court. The applicant only has to establish a cogent reason while the court should grant him an injunction.
An injunction can either be a mandatory injunction or a prohibitory injunction. A mandatory injunction is a type of injunction that compels a party to do an act. The act must be specified in the order of the court and just like prohibitory injunction, the mandatory injunction is also targeted to preserve the subject of the litigation.
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A prohibitory injunction is a type of injunction that restrains or refrains a party from doing an act. The reason for this type of injunction is to also prevent the party against whom the order was made from doing an activity that may cause harm or damage to the subject matter of the litigation.
An injunction helps in allowing the party that wins a civil suit to enjoy the fruit of his labour (litigation). The hallmark of relief is that a party should not be allowed to enjoy whether hurriedly or slowly what does not rightfully belong to him as a result of the subsisting suit in the court.
An injunction may be granted at different stages of a suit. For an application for an injunction to be granted, the presiding has to consider the subject for which the order is sought and the danger that is meant to be avoided by the reason of the order of injunction.
Types of Injunction
In this piece, we are going to talk about three types of injunction, to wit:
- Interim injunction
- Interlocutory injunction
- Perpetual injunction
An Interim Injunction
An interim injunction is an order of injunction granted before the substantive suit is heard in the court. This is an injunction sought and granted before the main suit is heard in the court. In conventional practice, the practice may be the party that desires to preserve the subject matter of the litigation from the damages that the defendant is causing or intends to cause on it. This type of injunction has a low life span.
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An Interim injunction is meant to last for a short period of seven days. It’s only meant to preserve the subject matter of this suit within this period.
An interlocutory injunction is a type of injunction granted in order to preserve the subject matter of the suit throughout the lifespan of the proceeding. It starts to operate from where interim injunction stops. During the time of the trial of the suit in the court, the parties shall be in the great view of preserving the res of the litigation.
An Interlocutory injunction shall be filed by the party that intends to preserve the subject matter within the lifespan of the proceeding in the trial court. An interlocutory injunction is usually granted in favour of an interlocutory application made in the court.
Who can apply for an injunction?
Both the plaintiff and the defendant can make an application for an injunction in order to preserve the subject of the litigation. The Plaintiff can file an application in the court to preserve the subject within the lifespan of the suit. The defendant can also file an application for an interlocutory injunction in order to preserve the benefits that may be accruable from the suit.
Where can you apply for an injunction?
An application can only be applied for in court. The court is only the body that can grant an injunction to preserve the subject matter of the suit. The parties cannot make the application in any other place other than the court.