Injunctive relief is a remedy that is available through the Courts in Oman. The Courts in Oman have the power to grant interim court orders preventing a party from doing something or compelling them to take action. In Oman, they are referred to as "interim orders".
Such orders are usually made against defendants in issued proceedings, although they can be made pre-action before a claim has been issued against a prospective defendant.
As the name suggests, such orders give temporary relief and are designed to maintain the status quo for a fixed period, usually from the date of issue until the Court has determined the underlying dispute between the parties.
With that being the case, there are many cases in which an interim order is required, for example, if a plaintiff fears that the defendant will dissipate his assets to evade enforcement of a judgment. One scenario in which this is common is in claims filed by financial institutions such as banks against defaulting borrowers.
How to apply for an Interim Order
A Plaintiff must file an application to the President Judge sitting in the Primary Court, who usually has exclusive jurisdiction to consider such an application. Alternatively, if the claim is proceeding in a court from the Primary Court, then the application would be to the President Judge of that Court.
The application by the applicant is usually made without notice to the Defendant.
If the Judge is satisfied that the interim order is justified, then an interim order will be issued by the Court, also without notice to the Defendant. As mentioned above, usually, the order will be for a temporary period until the Court determines the underlying claim between the parties.
The applicant must then file the interim order with the enforcement department of the Court within 30 days of issue. The enforcement department will then contact the relevant authorities and persons concerned to enforce the order. So, for example, if the order is for freezing a bank account, the enforcement department will contact the relevant bank to freeze the account.
The interim order will be invalid if it is not submitted to the enforcement department on time or at all. In those circumstances, the Plaintiff can refresh his application for an interim order.
The interim order may be set aside or discharged at any time by further order of the Court.
In some cases, the Defendant may be in a foreign jurisdiction or he may have assets in a foreign jurisdiction. If so, a Plaintiff may want to consider the enforcement of an Oman interim order in the foreign jurisdiction.
Challenging the Interim Order
The Defendant will have found out about the interim order after the interim order is filed with the Court's enforcement department.
If the Defendant is unhappy with the Court's decision to make an interim order, he may have grounds to appeal the order. The Court may reject or accept such appeal.
The filing of the appeal will not suspend or stay the enforcement of the interim order.
Damages
If a Defendant proves that the Plaintiff has abused the Court's powers to obtain the interim order, then it is possible that a Court might order the Plaintiff to pay the Defendant compensation.
Originally published December 16, 2023.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
