Under what conditions can an interim injunction be sought ex parte?

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An interim injunction can be sought ex parte under specific rules of court, typically when one party applies without notifying or involving the other.

An interim injunction can be sought ex parte under Order 29 rule 1(2) of the Rules of Court 2012. This procedure allows an application to be made by one party in the absence of, without representation of, or without notification to the other party involved in the legal matter. Such an injunction, once granted, has specific time limits and service requirements.
Automatic Lapse Period for Ex Parte Injunctions

An interim injunction obtained on an ex parte basis automatically lapses 21 days from the date it was granted, as stipulated by Rule 1(2B) of the Rules of Court 2012. This short duration underscores the temporary nature of injunctions granted without the opposing party's input.
Service and Inter Partes Hearing Requirements

Following the grant of an ex parte interim injunction, there are strict timelines for service and further court proceedings. The injunction must be served within 7 days of its granting. Furthermore, the Court is mandated to fix a date for hearing the application inter partes, meaning with both parties present, within 14 days from the date the ex parte order was issued, according to Rule 2(BA).
Formal Requirements for Interim Injunctions

For an interim injunction to be formally valid, it must adhere to specific presentation rules. Rule 1(4) requires that the injunction be issued in Form 53 and bear the official seal of the Court. This ensures the document's authenticity and its legal standing.

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Under what conditions can an interim injunction be sought ex parte?

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