PETER ALABI BORLABIE vs. METALEX LIMITED

The order of interlocutory injunction is a discretionary remedy which may be granted by the Court either unconditionally or upon such terms as the Court may consider just. It is granted by the Court if it appears to the Court to be just or convenient to do so in order to maintain the status quo pending the final determination of the substantive suit. That is the tenor of Order 25 rule 1 of the High Court (Civil Procedure) Rules, C.I 47. The instant application is a request to the Court by the plaintiff/applicant to grant an order of interlocutory injunction against the defendant/respondent, its agents, assigns, privies, workmen, servants however described etc. to restrain the defendant from dealing with or having anything to do in any manner whatsoever with the land, subject matter of the substantive suit pending the final determination of the suit. As rightly pointed out by both Counsel in their Statements of Case, the grant of an interlocutory injunction is usually founded on the ...