Injunction

T.S. Muwanga v East African Steel Corporation Ltd (H.C.C.S. NO. 10/93) [1993] UGHCCD 7 (20 April 1993);

Flynote: 

Search Summary: 

In this case, the applicant sought for an order of temporary injunction restraining the defendant from evicting the applicant from official residence.

The application was based on grounds that, the house from which the applicant was being threatened to be evicted from, was subject to the main suit, secondly, that the applicant was likely to suffer irreparable damage if the order was not granted.

 

The defendant argued that the applicant had not sufficiently proved his case to warrant the grant of the application, and that there was nothing to show that the applicant would suffer irreparable damage if the order was not granted to him.

 

Headnote and Holding: 

As regards ground one, it was stated that the house from which the applicant was being evicted from was subject to the main suit.

Further in ground two, the court rejected this ground, it was held that the loss that was likely to be suffered was capable of being ascertained and could be sufficiently compensated for by ordinary damages.

 

The court, therefore found that the applicant had not satisfactorily proved that it was necessary to grant him the order sought for.

The application was accordingly dismissed with costs to the defendant.

 

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