CHAPTER ONE; GENERAL INTRODUCTION
Background of the study
The process of instituting an action in court in order to redress a wrong takes considerable time. Owing to the peculiar state of affairs in Nigeria, calling the court into action to determine the respective rights of parties consumes considerable time with possible harm to the subject matter of the suit. The subject matter in law is commonly referred to as the “res”. The res, in deserving circumstances would need to be preserved from waste, destruction or dissipation by any of the parties.
The history of injunction could be traced to the later part of the 16th century when quarrel between common and Chancery over the power of the Chancery to issue injunction in the cases before it became manifest1. Justice Coke was the Chief Judge of the Common Law Counts while Lord Ellesmere was the Lord Chancellor in Chancery. Chancery‟s jurisdiction was challenged by Justice Coke, notably its power to grant common injunction restraining the enforcement of judgment decided by the Common law courts. Justice Coke threatened to issue a writ of prohibition against Chancery‟s interference with judgments/decisions of the Common law courts by its issuance of common injunction2.
Nevertheless, Lord Ellesmere of the Chancery division pronounced that Chancery had the power to grant common injunction against the judgments of the Common law courts that were oppressive or without conscience. The conflict was settled in the case of Earl of Oxford which was decided in favour of the Chancery that it can give an injunction against the judgments of the Common law courts.
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