Jurisprudence of Injunctions: Persons Against Whom Injunctions may Issue and the Propriety of Injunctions against Unknown Persons

Abstract

Injunction is the strong arm of equity which acts to compel a person to refrain from a particular act. In acting in personam injunctions impose a direct responsibility upon a person, and for that reason bind him personally. This makes the inquiry of persons properly subject to injunctive orders, of great importance, especially, in the light of the recent injunctive orders by Nigerian courts against unknown persons. The paper found as a foundational issue that typically, an injunction is requested by a plaintiff and is invariably granted against a defendant, but under special circumstances, an injunction may be granted, on the application of a defendant, against a co-defendant; in any event, injunctive relief that directly affects the rights of persons who are not parties to a suit and are not represented are not granted. To deduce persons who constitute parties for the purpose of granting injunctions, the paper found that persons are classified as proper, desirable, or necessary parties. If the grant of a relief will affect the interest of persons not parties to a suit, those persons are necessary parties and must be heard or given opportunity to be heard, and if they are not before the court, the court cannot grant the claim. In this regard, the paper found that depending on the circumstances, injunctions may be granted against servants and agents; non-parties to an action; absent parties to an action; the State and government departments; public officers; corporate and unincorporated bodies; foreign sovereigns, governments and their agents; and aliens. The paper also found that if the necessity for injunctive relief is made out, but the identity of the defendant(s) is not clearly ascertained, an injunction against unknown person(s) may, subject to certain safeguards and conditions be granted. The paper then concluded.