Order 38 - Injunctions

Question 1

38.01 When Court may grant (at any time or even before commencement)

Answer 1

The Court may grant an injunction at any stage of a proceeding or, in the circumstances referred to in Rule 4.08, before the commencement of a proceeding

Question 2

38.02 Application before trial

Answer 2

(1) In an urgent case, the Court may grant an injunction on application made without notice.
(2) Where a plaintiff applies for an injunction against a defendant, service of notice of application on that defendant may be made at the time of service of originating process in the proceeding.

Question 3

38.03 Costs and expenses of non party

Answer 3

(1) applies where an application for an injunction is made before the trial of a proceeding. (2) Court may grant an injunction on condition that the party applying for the injunction give security for the costs and expenses of any person who might be affected.
(3) Court may make such order as thinks fit for payment, either in first instance or finally, of costs and expenses of any person not being a party who might be affected by the grant of an injunction.

Question 4

38.04 Ouster of office

Answer 4

(1) Informations in the nature of quo warranto are abolished.
(2) Where any person acts in an office in which the person is not entitled to act and an information in the nature of quo warranto would, but for paragraph (1), lie against that person, the Court
(a) may grant an injunction restraining the person from so acting
(b) may, if the case so requires, declare the office to be vacant