Injunctions and interdicts

African Textile Mills Ltd v The Cooperative Bank Ltd and Others Ruling - (HCT-00-CC-MA- 0226 OF 2005) [2005] UGCOMMC 2 (19 January 2005);


Search Summary: 

The applicant filled an application against the
respondent seeking a court order of a
temporary injunction restraining the
respondent from selling the chattels found on
the mortgaged property pending the hearing
and disposal of the main suit, interalia also
sought a permanent injunction against the
respondents from their continuing actions.

Headnote and Holding: 

The court considered whether the suit was
resjudicata. The court found that the first suit
between the parties was settled by a consent

agreement and related only to land mortgaged.
The court having found that the respondent
wanted to dispose of chattels which were not
included in the mortgage and land, the suit was
not res judicata and it needed a full trial hence
the objection was overruled.
Accordingly the application was allowed.


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