chapter  17
26 Pages

Equitable remedies of injunctions and specific performance

ByMohamed Ramjohn

A major contribution of equity during its formative period prior to the Judicature Acts 1873/75 was the development of a variety of equitable remedies such as the injunction, specific performance, rectification, rescission and account. This was known as the concurrent jurisdiction of equity that gave effect to recognised legal or equitable rights by creating new remedies. An injunction is an order of the court directing a party to the proceedings to do or refrain from doing a specified act. Courts of equity have had the power to grant injunctions for a considerable period of time. It is no part of the duty of the council, as lessees from the Crown for an unexpired term of two years, to prevent a harmless user of the shore. A perpetual or final injunction is one that is granted at the trial of the claim or other hearing in which final judgment is given.