Thursday, January 21, 2016

IN GRANTING OR DISMISSING AN APPLICATION FOR A WRIT OF PRELIMINARY INJUNCTION, THE COURT MUST STATE IN ITS ORDER THE FINDINGS AND CONCLUSIONS BASED ON THE EVIDENCE AND THE LAW:

    This is to enable the appellate court to determine whether the trial court committed grave abuse of its discretion amounting to excess or lack of jurisdiction in resolving, one way or the other, the plea for injunctive relief. In the absence of proof of a legal right and the injury sustained by one who seeks an injunctive writ, an order for the issuance of a writ of preliminary injunction will be nullified. Thus, where the right of one who seeks an in junctive writ is doubtful or disputed, a preliminary injunction is not proper. The possibility of irreparable damage without proof of an actual existing right is not a ground for a preliminary injunction.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.