HOW TO PROTECT

YOUR CLIENT’S
INTERESTS
INTERLOCUTORY/INTERIM APPLICATIONS
 Objectives
• Mitigate fears of irreparable harm before the completion of the case
• Maintain or reverse to a peacable status quo
• Avoid hardship or prejudice occurring before the case is decided
• Prevent underserved advantage through unfair conduct before the
matter is decided
• Keep a fair balance of things
• Prevent abuse of the legal process
Applications for Interlocutory Proceedings

• Order 51, Rule 1 provides that all applications for

interlocutory proceedings shall be by way of Notice of
Motion supported by an affidavit
• The Notice must be reasonable, adequate and sufficient to
enable an opponent prepare for the case
• The Application shall be heard inter-partes
*Exceptions

i. Applications for Amendment of Pleadings (*Orally)

ii. Applications for permission to sue as pauper or application
to be de-paupered
iii. In extreme circumstances, one may apply for the interim
orders ex-parte in the case where the suit matter may be
extremely harmed. The orders only last for 14 days and the
matter must be heard inter-partes. The injunction may only
be extended with consent of the other party.
Principles of Interlocutory Injunctions

*See Giella v Cassman Brown

i. There must be a prima facie case with probability of success
ii. The applicant must demonstrate that they will suffer
irreparable harm if not granted the orders
iii. When in doubt, the application shall be determined on the
probability of convenience
NB
• Order 40, Rule 1 provides for the protection of a subject matter in a
suit
• Section 3A of the Civil Procedure Act provides for the ‘saving of
inherent powers of the court’
• Therefore, interlocutory remedies can be sought even when there is no
pending suit to prevent abuse of the court process and to protect the
interests of justice.
• However, there must be an undertaking to file the suit at the next
available opportunity.
Types of Interlocutory Applications
a) Order for Commission
• It is made within a pending suit by way of Chamber Summons
• It is for:
 Examination of witnesses
 Local Investigation
 Examination of Accounts
 Making a partition
 Scientific Investigation
Types of Interlocutory Applications

b) Arrest and Attachment before Judgment

• Order 39, Rule 1
• A Defendant may be called upon to furnish security for
Appearance
• The court may issue a warrant to arrest the Defendant and
bring him to court to show cause why they should not furnish
security for their appearance
Types of Interlocutory Applications
c) Injunctions
• Can either be Interim or Interlocutory

*Temporary injunctions cannot be issued against:

 an officer of the government if the effect will cause restrain to government
business
 A person who is not party to the suit. Include “…the Defendant either by
himself or his agents, servants, employees, representatives and or
assignees…”
 Types of Injunctions
• Mandatory injunction
A mandatory injunction, as the name suggest, is a order
commanding the person against whom it is issued to do a given
act to remedy a condition or, at least, to do his legal duty

*Not easily granted by the court at this stage as they require a

higher level of proof than ordinary. The party must have a strong
prima facie case
Types of Injunctions

• Prohibitory injunction
The injunctive order seeks to restrain the actions of the person
named in the order from doing the stated action.
 Types of Injunctions
• Mareva/freezing injunction
This is an injunction to restrain the respondent from removing
property from jurisdiction of the Court. The key basis is to
enable the Court to exercise jurisdiction over the property
should the applicant be successful in the suit.
They can only be granted if:
i. there is a justifiable cause of action;
ii. there is a good arguable case
iii. the defendant has assets within jurisdiction;
iv. there is a real risk that the defendant may dispose off or
dissipate the assets before enforcement
 Types of Injunctions

• Anton Piller injunction/Search order

It is a Court order that provides the right to search
premises and seize evidence without prior warning. This
is intended to obtain and prevent the destruction of
relevant evidence, particularly in cases of alleged
trademark, copyright or patent infringements.
Types of Interlocutory Applications

d) Appointment of Receivers (Order 41)

• Is an equitable relief that is considered drastic in nature
because the Court takes away the rights of both parties to
management of their property.
• The idea is to take the suit property from one of the parties
and put it in neutral hands. Normally, a party approaches the
Court by Notice of Motion to appoint a receiver.Can either be
Interim or Interlocutory
Types of Interlocutory Applications

d) Security for Costs (Order 26)

• This is basically money paid into Court of which an unsuccessful
plaintiff will be able to satisfy any eventual award of costs made
against him. This gives the defendant protection against the
plaintiff.
• The defendant may apply for an order of the Court against the
plaintiff for the plaintiff to provide security for the costs of the
defendant in case the defendant’s case prevails.