Temporary Injunction

Serwanga & Ors v Diamond Trust Bank Uganda Ltd (MISCELLANEOUS APPLICATION NO 846 OF 2016) [2017] UGCOMMC 2 (13 February 2017);


Headnote and Holding: 

The court considered the conditions to grant a temporary injunction. 

The application was brought by the applicants as a means to prevent the respondent from alienating and disposing of the land mortgaged by the applicants. 

The court found that the conditions for the grant of a temporary injunction are: 1) show a prima facie (meaning on the face of it) case with a probability of success, 2) irreparable harm will be suffered without the possibility of adequate compensation for damages, and 3) a balance of convenience. 

The court held that the grant of a temporary injunction is an exercise of the courts discretion as a means to maintaining the status quo until the question to be investigated is tried on the merits, and disposed of in finality. 

The court found that the applicants hadn’t set out a prima facie case and the application lacked merits. However, as a result of procedural errors, the court found that a conditional injunction could be granted. 

Applicant Upheld.


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