[2023] UGHCFD 191
The application for a temporary injunction was rendered moot because the substantive application (Miscellaneous Application No. 542 of 2023) had already been disposed of. The purpose of a temporary injunction is to preserve the status quo pending determination of the main matter. Once the main matter is resolved,...
Source-derived case information.
- Citation
- [2023] UGHCFD 191
- Parties
- Applicant: Johka Print Machinery Ltd; Applicant: Kiggundu Erick; Respondent: Teddy Kyeyune Kaddu
- Court
- HC: Family Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 543 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- Komuhangi, J
- Legal Topics
- Temporary Injunction, Status Quo Orders, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Johka Print Machinery Ltd
Applicant
Kiggundu Erick
Applicant
Teddy Kyeyune Kaddu
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether a temporary injunction should be issued to restrain the respondent from dealing with the suit land pending disposal of the main application.
- 2 Whether the status quo of the suit land should be maintained.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The application for a temporary injunction was rendered moot because the substantive application (Miscellaneous Application No. 542 of 2023) had already been disposed of. The purpose of a temporary injunction is to preserve the status quo pending determination of the main matter. Once the main matter is resolved, there is no longer any basis for granting interim relief. Accordingly, the application abates and is dismissed with costs to the respondent.
Court Disposition
application dismissed
Orders
- The application abates and is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA (FAMILY DIVISION) MISCELLANEOUS APPLICATION 543 OF 2023** 5 **ARISING OUT OF MISCELLANEOUS APPLICATION NO. 542 (ARISING OUT OF DIVORCE CAUSE NO. 0002 OF 2018)**
#### **1. JOHKA PRINT MACHINERY LTD**
**2. KIGGUNDU ERICK==========================APPLICANTS**
#### 10 **VERSUS**
**1. TEDDY KYEYUNE KADDU===================RESPONDENT**
### **BEFORE: HON. LADY JUSTICE ALICE KOMUHANGI KHAUKHA**
#### **RULING**
#### **Introduction**
This is a Ruling in respect of an Application for Orders that:
- (a) A temporary injunction be issued restraining the Respondent from selling, leasing, mortgaging, developing and or in any way dealing and or disposing - 20 off the suit land comprised in Kyadondo Block 246 Plot 1635 land at Kyeitabye; - (b)The status quo of the suit land be maintained; and - (c) Costs of this Application be provided for.
## **Representation**
When the Application came up for hearing, the Applicants were represented by Ms. Judith Tumusiime of Katende Ssempebwa & Co. Advocates while the Respondent was represented by Ms. Lydia Tamale Nakamalira of Tamale & Co. Advocates.
## **Court's Decision**
This Application was for a temporary injunction pending the disposal of Miscellaneous Application No. 542 of 2023. Miscellaneous Application No. 542 of 2023 has since been disposed of. This Application therefore abets and is accordingly 10 dismissed with costs to the Respondent.
**Dated at Kampala this 12th day of October 2023.**
............................................
15 Alice Komuhangi Khaukha **JUDGE** 12/10/2023
20