Difference between Mandatory and Prohibitory Orders of InjunctionBy Judith Dandison.
Prohibitory Order of injunction is targeted at action which the adverse party intends to, is presently carrying out or is seeking to carry out. It can validly be given in the interim by a Motion Ex-parte to stop the said action. Orders of Mandatory Injunction on the other hand are targeted at concluded acts or may direct a person to carry out an act. Such mandatory Orders are not usually granted in the interim and by Ex-parte application but after strict evidence has been taken from both parties, by a motion on Notice, to justify the Order. This is so because the standard of proof required to ground a mandatory injunction is very high. See Attorney General, Anambra State Vs. Okafor(1992) 2 NWLR (pt. 224) 396. Dr. Rabiu Musa Kwankwaso Vs. The Governor of Kano State (2006) LPELR-11617.
