Chapter VIII — PERPETUAL INJUNCTIONS

Section 41Injunction when refused

Section 41: Injunction when refused

41. Injunction when refused

An injunction cannot be granted—

(a)

to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;

(b)

to restrain any person from instituting or prosecuting any proceeding in a court not sub-ordinate to that from which the injunction is sought;

(c)

to restrain any person from applying to any legislative body;

(d)

to restrain any person from instituting or prosecuting any proceeding in a criminal matter;

(e)

to prevent the breach of a contract the performance of which would not be specifically enforced;

(f)

to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

(g)

to prevent a continuing breach in which the plaintiff has acquiesced;

(h)

when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

[(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject]matter of such project.

(i)

when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;

(j)

when the plaintiff has no personal interest in the matter.

Amendment notes (1)
  1. Ins w.e.f. 1-10-2018 . Ins. by Act 18 of 2018, s. 13 (w.e.f. 1-10-2018).