A coercive remedy in the form of a court order compelling or prohibiting a party to do a certain act. Section 50 Specific Relief Act 1950 Preventive relief is granted at the discretion of the court by way of injunction.
Temporary Injunctions Section 51(1) Specific Relief Act 1950
Injunctions which are to continue until a specified time, or until further order of the court. It is similarly known as interlocutory, or interim injunctions. The purpose is to preserve the status quo of parties pending the trial of the suit.
Principles in Granting Temporary Injunction
In American Cyanamid Co v Ethicon Ltd:
1. Whether there is a serious question to be tried;
2. The claim is not frivolous and vexatious; and
3. If there is a serious question to be tried, the court will consider whether, based on the balance of convenience, such injunction should be granted or not.
In Keet Gerald Francis v Mohd Noor, the court must:
1. Assure that there is a serious question to be tried;
2. Consider where the justice of the case lies, by weighing the harm that the injunction would produce by its grant against the harm that would result from its refusal (balance of convenience); and
3. Not decide on the merits of the case itself.
Permanent Injunctions Section 51(2) Specific Relief Act 1950
Only granted by a decree made at the hearing and upon the merits of the suit.
The defendant will be permanently imposed of the right of permanently restrained from committing an act which is contrary to the right of the plaintiff.
Mandatory Injunction Section 53 Specific Relief Act 1950
Empowers the court to award a mandatory injunction in circumstances where it is necessary to compel the performance of certain acts in order to prevent the breach of an obligation.
An injunction which orders a party or requires them to do an affirmative act or mandates a specified course of conduct.
Refusal of Injunction Section 54(f) Specific Relief Act 1950
An injunction cannot be granted to prevent the breach of a contract which cannot be specifically enforced.
This is applicable in three circumstances:
1. Section 20(1)(b) – where the particular contract is dependent on the personal qualification or volition of the parties;
2. Section 20(1)(g) – where the performance of the contract involves a continuous duty for a period of more than three years; and
3. where the case concerns an illegal agreement
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