NIGERIA Law and Practice Contributed by: Tayo Oyetibo LP
the hearing of a motion on notice. They are usually time-bound and granted in circumstances of urgency. Interlocutory injunctions are granted upon notice to the opposing party and are intended to subsist pend- ing the determination of the substantive suit. In con- sidering such applications, the court does not delve into the merits of the case but is guided by established principles, including whether there is a serious ques- tion to be tried, the balance of convenience and the risk of irreparable damage. In addition to these general forms, Nigerian courts recognise a number of specialised interim remedies, including: • Mareva injunctions (freezing orders) – these restrain a defendant from dissipating or removing assets within the jurisdiction in a manner that would frus- trate the enforcement of any eventual judgment; • Anton Piller orders (search and preservation orders) – these permit the applicant, under court supervi- sion, to enter the respondent’s premises to search for, seize and preserve relevant documents or property, typically in cases involving intellectual property or fraud; • mandatory injunctions – these compel a party to take a positive step, often to restore the status quo ante; and • Quia timet injunctions – these are granted to pre- vent a threatened or anticipated wrong where there is a real risk of imminent harm. Interim reliefs are commonly sought in both litigation and arbitration-related proceedings, particularly in commercial matters involving urgent risk. Courts have shown a willingness to grant such reliefs where the applicant satisfies the requisite legal thresholds, rec- ognising their importance in ensuring that the eventual judgment or award is not rendered nugatory. 2.7 Final Relief In commercial litigation in Nigeria, the principal forms of final relief available to a successful litigant are those designed to conclusively determine the parties’ rights and obligations and to provide appropriate remedies for any established breach or wrong.
The key categories of final relief have been outlined below. • Monetary damages: This is the most common form of relief in commercial disputes. Damages may be compensatory (to place the claimant in the posi- tion it would have been in but for the breach) or, in appropriate cases, general or special damages. In limited circumstances, courts may also award exemplary or punitive damages. • Declaratory relief: The court may issue binding declarations regarding the rights, obligations or legal status of the parties under a contract or in relation to a transaction. Declaratory judgments are particularly useful where clarification of legal rights is required without necessarily seeking coercive relief. • Injunctive reliefs: Final or perpetual injunctions may be granted to permanently restrain a party from engaging in certain acts (prohibitory injunctions) or to compel the performance of specific acts (man- datory injunctions), depending on the circumstanc- es of the case. • Specific performance: In appropriate cases, par- ticularly involving unique subject matter such as land or shares, the court may order a party to per- form its contractual obligations, rather than merely awarding damages. • Restitutionary remedies: These include orders for account of profits, rescission or restitution, aimed at preventing unjust enrichment and restoring the parties to their pre-transaction position. • Orders for possession or delivery up: In cases involving property or goods, the court may order the delivery up of assets or grant possession to the successful party. • Interest and costs: Courts routinely award pre- judgment and post-judgment interest, as well as costs of the action, in favour of the successful party. In practice, the nature of the final relief granted will depend on the specific claims advanced and the evi- dence adduced. Nigerian courts exercise equitable and statutory jurisdiction to ensure that the reliefs awarded are both just and effective in resolving the dispute.
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