Temporary Injunction

Kiyimba Kaggwa Vs Katende (CIVIL SUIT NO .2109 OF 1984) [1985] UGHCCD 1 (23 April 1985);


Headnote and Holding: 

The court considered an application under 0.37 rr.1 and 9 of the Civil Procedure rules (S.1,65-3) for a temporary injunction restraining the defendant from carrying out any work on the suit premises. 

The applicant was the registered proprietor of the premises, although the leases had expired on the land, the title had not been cancelled. 

The court found that granting a temporary injunction is an exercise of judicial discretion and the purpose of the granting is preserving matters in status quo until the question to be investigated can be finally disposed of. 

The conditions for a grant of injunction are that there must be a prima facie (meaning on the face of it) case with a probability of success, if irreparable harm will be suffered which cannot be compensated adequately by an award for damages and if in doubt, it will be declined on a balance of convenience. 

Irreparable injury does not mean there must not be physical possibility of repairing the injury, but that the injury is substantial or material. 

The court found that if a prima facie case with a probability of success was proved, the plaintiff would be likely to suffer irreparable damages and the balance of convenience was in favour of the plaintiff as he was likely to suffer more damages than that of the defendant. 

Application granted. 


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