THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

 AT KAMPALA

 (LAND DIVISION)

MISC. APPLICATION NO. 755 OF 2012

(ARISING FROM  CIVIL SUIT NO. 398 OF 2012)

ALLEN KIRENGA               ::::::::::::::: APPLICANT/ PLAINTIFF

Versus

1. STANBIC BANK LTD
2. FRED KIRENGA    :::::::::::     RESPONDENTS/ DEFENDANTS

RULING BY HON. MR. JUSTICE JOSEPH MURANGIRA

The applicant through her lawyers M/s Bakiza & Co. Advocates brought this application against the two (2) respondents jointly and /or severally by Chamber summons under Order 41 rule 1 and Order 52 of the Civil Procedure Rules.

This application is supported by the affidavit sworn by the applicant/plaintiff on 20^th August, 2012.This application is seeking for a temporary injunction and costs to be provided for. The applicant filed in Court a supplementary affidavit in support of the Chamber Summons sworn on 5^th April, 2013.

The 2^nd respondent through his lawyers M/s Mwebe Sebaggala & Co. Advocates filed an affidavit in reply sworn on 8^th  November, 2012; and a supplementary affidavit in reply sworn on 8^th November, 2012; and supplementary affidavit in reply sworn on 5^th April, 2013. In his two affidavits in reply, the 2^nd respondent supports the applicant’s application and HCCS No. 398 of 2012. To that extent this application would succeed as against the 2^nd respondent. In his affidavits evidence in reply the 2^nd respondent raised trial issues between himself and the 1^st  respondent which have to be investigated by this Court.

The 1^st respondent never filed in Court any affidavits in reply to this application. However, in its submissions, the 1^st respondent vehemently opposed this application. I have perused the submissions by Counsel for the 1^st respondent, and noted that as a mortgage the 1^st respondent is greatly aggrieved against its co-defendant, the 2^nd respondent.

They are so detailed to the extent that they go deep into the merits of the main suit. Yet this application is for temporary reliefs pending the hearing of the said suit. The 1^st respondent’s submissions dealt with the legal issues regard the mortgage it extended to the 2^nd respondent.

Further, the two respondents have conflicting submissions. And it appears from their respective submissions as if the suit is between themselves and that the applicant is a victim of circumstances. Therefore, the issues raised by the respondents as between themselves and those of the applicant against the two respondents need to be investigated by this Court. That necessitated to maintain status quo of the suit land in the main suit.

Consequent to all the above, I have perused this application, considered the affidavits evidence by the applicant and the 2^nd respondent, and analyzed the submissions by all the parties and I am of the considered opinion that this application has merit. It is accordingly allowed in the terms and orders being sought therein with costs in the cause.

Dated at Kampala this 14^th day of June, 2013.

sgd

Joseph Murangira

Judge