Interlocutory Injunction Denied For Failure To Provide Undertaking In Damages

An interlocutory injunction is a powerful and drastic remedy which Courts have said should only be granted sparingly. In that regard, an interlocutory injunction is generally a tool through which the Court can order a party to do something or refrain from doing something pending a final disposition of a dispute on the merits. Given that an interlocutory injunction will have an effect on a party before all of the evidence has been developed, it is considered an extraordinary remedy which should only be granted in rare cases. However, this does not mean that motions seeking interlocutory injunctions are necessarily rare, and they can arise in various contexts.

The power of the Court to grant an interlocutory injunction is governed by Section 101 of the Courts of Justice Act and is further supported by Rule 40 of the Rules of Civil Procedure. Under Rule 40.03, a party seeking an interlocutory injunction is, in general, required to provide an undertaking