ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS
6.4 Liability for Damages for the Applicant
• suspension of corporate deliberations; • provisional restitution of possession; • embargo on new construction; and • provisional maintenance. There are also unspecified relief injunctions, usually seeking authorisation to practise certain acts, to subpoena the other party to refrain from certain conduct or to demand the delivery of assets to a depositary. The procedure for inhibiting someone from tak- ing legal action in another jurisdiction is not foreseen; in any case, such inhibition would only have effect in the Angolan jurisdiction, as it would not be binding in the other jurisdiction. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Alongside the application, the applicant will offer summary evidence of the threatened right and of the fear of injury to that right. The court may order the notice of the opposing party if this does not endanger the purpose of the injunction; if it does, the other party may file an opposition. The court may also decide to hold a hearing for the production of evidence, if deemed necessary. There is no possibility to request the action out- side court hours. 6.3 Availability of Injunctive Relief on an Ex Parte Basis The relief may be obtained without notice being provided to the opposing party for the purpose of opposition, in some cases determined by law and where such notice might compromise the purpose of the relief injunction. In this case, the court may decide to hold a hearing for the pro- duction of evidence without the presence of the defendant.
If the injunction is found to be unjustifiable or lapses for reasons attributable to the claimant, the claimant is liable for any damage caused to the other party. The court may rule that the relief granted is made subject to the lodging of a bond by the claimant. In certain circumstances, the defendant may be allowed to replace the relief granted by a bond. 6.5 Respondent’s Worldwide Assets and Injunctive Relief The injunctive relief should apply only to assets located in the country. Therefore, the court shall not determine that the injunctive relief covers worldwide assets. 6.6 Third Parties and Injunctive Relief Injunctive relief cannot usually be obtained against third parties. However, it may affect third parties to the extent that they may hold any assets on behalf of or owned by the defendant. 6.7 Consequences of a Respondent’s Non-compliance If the defendant fails to comply, the consequenc- es depend on the kind of relief awarded. When enforcement is possible (for example, seizure or impounding of goods), the court will adopt all necessary means for such enforcement. In cases where enforcement is not possible, the defendant is liable for the damage they have caused the claimant by not complying.
7. Trials and Hearings 7.1 Trial Proceedings
After the pleadings, there is usually a trial hear- ing. The hearing is intended for the production of
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