[2015] UGHCFD 35

[2015] UGHCFD 35

The applicant failed to demonstrate irreparable injury not atonable by damages, as he did not provide evidence that the alleged injury could not be compensated monetarily and had in fact prayed for damages in the main suit. Furthermore, the applicant did not specify which property was in danger of alienation or...

Source-derived case information.

Citation
[2015] UGHCFD 35
Parties
Applicant: Nyaika Samuel; Respondent: The Administrator General; Respondent: H. R. H Rukirabasaija Solomon Iguru; Respondent: Estate of Rugaba Musa Gafabusa; Respondent: Godfrey Kwirigira Magezi; Respondent: Joan Kabahanika Gafabusa; Respondent: Samuel Harrison Kintu
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
21 May 2015
Case Number
Miscellaneous Application No. 175 of 2014
Procedural Posture
Miscellaneous Application / Ruling on Temporary Injunction
Outcome
application dismissed with costs
Judges
Tuhaise, J
Legal Topics
Temporary Injunction, Estate Administration, Irreparable Injury, Status Quo Preservation
Source Language
english
Civil Procedure Family and Children Temporary Injunction Estate Administration Irreparable Injury Status Quo Preservation

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Parties

Nyaika Samuel

Applicant

The Administrator General

Respondent

H. R. H Rukirabasaija Solomon Iguru

Respondent

Estate of Rugaba Musa Gafabusa

Respondent

Godfrey Kwirigira Magezi

Respondent

Joan Kabahanika Gafabusa

Respondent

Samuel Harrison Kintu

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has established a prima facie case with probability of success for grant of a temporary injunction.
  2. 2 Whether the applicant will suffer irreparable injury not atonable by damages if the injunction is not granted.
  3. 3 Whether there is a status quo to be preserved pending disposal of the main suit.

Ratio Decidendi

The applicant failed to demonstrate irreparable injury not atonable by damages, as he did not provide evidence that the alleged injury could not be compensated monetarily and had in fact prayed for damages in the main suit. Furthermore, the applicant did not specify which property was in danger of alienation or wastage, nor did he establish the existence of a status quo requiring preservation. While there were triable issues justifying adjudication in the main suit, the requirements for a temporary injunction—irreparable injury and preservation of status quo—were not satisfied. Consequently, the application for a temporary injunction was dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application for a temporary injunction is dismissed.
  • Costs of the application are awarded to the respondents.