[2003] UGHC 112

[2003] UGHC 112

The court found that Miscellaneous Application No. 830 of 2002 constitutes a suit in existence under section 2 of the Civil Procedure Act, thus supporting the application for a temporary injunction. The applicant demonstrated, through unchallenged affidavit evidence, that the purpose of the injunction was to...

Source-derived case information.

Citation
[2003] UGHC 112
Parties
Applicant: Jane Frances Mpungu; Respondent: DFCU Bank Ltd
Court
High Court of Uganda
Jurisdiction
Uganda
Case Number
Misc.App.No.41 of 2003
Procedural Posture
Miscellaneous Application / Ruling on Temporary Injunction
Outcome
application_granted
Legal Topics
Temporary Injunction, Mortgage Enforcement, Status Quo Preservation, Irreparable Injury, Prima Facie Case, Balance of Convenience
Source Language
en
Civil Procedure Land and Property Banking and Finance Temporary Injunction Mortgage Enforcement Status Quo Preservation Irreparable Injury Prima Facie Case +1 more

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Parties

Jane Frances Mpungu

Applicant

DFCU Bank Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Temporary Injunction

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from selling or interfering with the suit premises pending disposal of Miscellaneous Application No. 830 of 2002.
  2. 2 Whether there is a suit in existence to support the application for a temporary injunction.
  3. 3 Whether the applicant would suffer irreparable injury if the injunction is not granted.

Ratio Decidendi

The court found that Miscellaneous Application No. 830 of 2002 constitutes a suit in existence under section 2 of the Civil Procedure Act, thus supporting the application for a temporary injunction. The applicant demonstrated, through unchallenged affidavit evidence, that the purpose of the injunction was to preserve the status quo pending disposal of the application to reinstate the dismissed suit. The applicant established a prima facie case with a probability of success, as she was not to blame for the dismissal of the original suit. Furthermore, the applicant proved she would suffer irreparable injury if the suit premises, her matrimonial home and sole source of sustenance, were sold...

Court Disposition

application_granted

Orders

  • The respondent, its officers and agents are hereby restrained from selling, disposing of or otherwise interfering with the applicant's quiet possession of the suit premises comprised in Mailo Register Kibuga Block 16 Plot 98 situate at Rubaga in Kampala District until further orders of this Honourable Court.
  • The costs of this application shall abide the final outcome of Miscellaneous Application No. 830 of 2002.