Tuesday, July 7, 2015

PRELIMINARY INJUNCTION:

      Injunction is a judicial writ, process or proceeding whereby a party is directed either to do a particular act, in which case it is called a mandatory injunction or to refrain from doing a particular act, in which case it is called a prohibitory injunction. As a main action, injunction seeks to permanently enjoin the defendant through a final injunction issued by the court and contained in the judgment.  Two (2) requisites must concur for injunction to issue: (1) there must be a right to be protected and (2) the acts against which the injunction is to be directed are violative of said right. x x x To authorize a temporary injunction, the complainant must make out at least a prima facie showing of a right to the final relief.  Preliminary injunction will not issue to protect a right not in esse.  These principles are equally relevant to actions seeking permanent injunction.

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