ABSTRACT

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. There are several different types of injunctions. An injunction may be ‘prohibitory’, i.e. forbidding the performance of a particular act; or ‘mandatory’, i.e. ordering the defendant to do a particular act. In general, the court will take similar principles into account when considering applications for each type of injunction. 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.