Difference between Mandatory Orders and Prohibitory Orders

Difference between Mandatory Orders and Prohibitory Orders.

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.

Surest way to get what you want from others.

http://dandisonlaw.blogspot.com/search/label/Argument/

In life we argue everyday in order to achieve somethings, make a good purchase, win a case, be understood, be appreciated, win a promotion, win a contract, promote a business idea and even win persons over to your Religious belief. Thus an argument need not be a quarrel. A winning argument is a calm powerful expression of your point. To make a winning argument, you must apply these elements of a Power Argument.


1. Prepare- Prepare until you have become the argument. Prepare until you know every detail of the message you want to pass across.


2. Open the other to receive your argument- Don't force the argument down the others throat. Leave the power to the other to choose whether to accept or reject your argument.


3. Give the argument in the form of a story- Juros, Judges, the boss, the family, the other(s) are all conditioned to listen to stories.


4. Tell the truth.


5. Tell the other person(s) what you want.


6. Avoid sacarsim, scorn and ridicule- use humor cautiously.


7. Logic is power- if logic is on your side, ride it all the way. If your view is logical highlight the logic in your point.


8. Action and winning are brothers - the worst of head on attacks is often better than the most sophisticated defence. Never permit your opponent to take control. Do not defend when you can attack.


9. Admit at the outset the weak points in your argument. You can expose your weakness in a better light than your opponent who will expose them in the darkest possible way.


10. Understand your power- give yourself permission only to win.


Developed from, "How to Argue and Win Every Time" By Gerry Spence.