An injunction is an order of the court directing a party to proceedings to do or to refrain from doing a specified act. The High Court has power to grant an interlocutory or final injunction in all cases. This is a remedy available to parties as they await the trial judgment. This is important because it helps to avoid instances where justice is defeated and prevents property from being wasted.
In deciding whether an injunction should be granted, it must be ascertained that;
- The main suit has a prima facie case with a probability of succeeding which means that there should be a reasonable chance of succeeding. This simply helps to ensure that the suit is not just malicious and meant to slow progress for the other party.
- That a party is likely to suffer irreparable damage if an injunction is not granted. If the likely damage cannot easily be rectified by just an award of damages by the court, then an injunction is granted.
- The balance of convenience. This is in reference to the parties. If the applicant is likely to suffer more inconvenience if the injunction is not granted, then it shall be granted.
- The status quo which means the existing things. The main purpose of granting an injunction is to maintain things as they are so it should be proved that there is something to preserve and that the status did not already change.
It is important to note that injunction does not serve as a final decision but rather is a pre trial remedy before judgment is given by court.