[2012] UGHC 159

[2012] UGHC 159

The court found that the applicant is in possession of the suit land, which is her matrimonial home, and that there is a status quo to be preserved. The applicant established a prima facie case with triable issues regarding the legality of the mortgage and her consent. The court was satisfied that the applicant would suffer irreparable injury if evicted, as her sentimental attachment and residence on the property could not be adequately compensated by damages. The balance of convenience favored the applicant, as her interests required protection pending the determination of the main suit. Accordingly, the court granted the temporary injunction restraining the respondents from evicting,...

Citation
[2012] UGHC 159
Parties
Applicant: Ruth Lunkuse; Respondent: Henry Ssali Tamale; Respondent: Stanbic Bank (U) Ltd
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
20 December 2012
Case Number
Misc. Applic. No. 926 of 2012
Procedural Posture
Miscellaneous Application / Ruling on Application for Temporary Injunction
Outcome
application allowed
Judges
Tuhaise, J
Legal Topics
Temporary Injunctions, Matrimonial Property, Mortgage Disputes, Irreparable Injury
Source Language
English
Land and Property Civil Procedure Temporary Injunctions Matrimonial Property Mortgage Disputes Irreparable Injury

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Parties

Ruth Lunkuse

Applicant

Henry Ssali Tamale

Respondent

Stanbic Bank (U) Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from evicting, selling, transferring or dealing with the suit land pending determination of the main suit.
  2. 2 Whether the applicant has established a prima facie case with probability of success.
  3. 3 Whether the applicant will suffer irreparable damage if the injunction is not granted.

Ratio Decidendi

The court found that the applicant is in possession of the suit land, which is her matrimonial home, and that there is a status quo to be preserved. The applicant established a prima facie case with triable issues regarding the legality of the mortgage and her consent. The court was satisfied that the applicant would suffer irreparable injury if evicted, as her sentimental attachment and residence on the property could not be adequately compensated by damages. The balance of convenience favored the applicant, as her interests required protection pending the determination of the main suit. Accordingly, the court granted the temporary injunction restraining the respondents from evicting,...

Court Disposition

application allowed

Orders

  • A temporary injunction is issued restraining the respondents, their agents, assignees, servants and or employees from evicting the applicant, selling, transferring and or any dealing on the suit land comprised in Kyaggwe Block 110 plot 1640 at Seeta until the hearing and determination of the main suit.
  • Costs of this application will be in the cause.