Temporary injunctions in Uganda
In brief
A court may grant a temporary injunction to preserve the status quo until the suit is decided. The applicant must show a prima facie case with a probability of success, that they would suffer irreparable injury not adequately compensable in damages, and — if the court is in doubt — that the balance of convenience favours the injunction.
1. Governing law
Temporary injunctions are granted under Order 41 rules 1 and 2 of the Civil Procedure Rules, in aid of a pending suit. The purpose is to maintain the status quo, not to decide the case. The established conditions are cumulative considerations rather than a rigid checklist, and the remedy is discretionary and equitable, so conduct and delay matter.
2. Key statutes & rules
- Civil Procedure Rules, Order 41 rules 1–2 — temporary injunctions and interlocutory orders.
- Judicature Act — the court's equitable jurisdiction to grant injunctive relief.
3. Leading cases
Kiyimba-Kaggwa v Haji Abdu Nasser Katende
States the conditions for a temporary injunction in Uganda: a prima facie case with a probability of success, irreparable injury that damages cannot adequately remedy, and, in doubt, the balance of convenience.
American Cyanamid Co v Ethicon Ltd
Persuasive origin of the modern approach: a serious question to be tried, adequacy of damages, and the balance of convenience.
4. Practical guidance
File the application by notice of motion supported by affidavit, in or alongside the main suit.
Establish a prima facie case on the pleadings and evidence — not a mini-trial, but more than a speculative claim.
Show concretely why damages would not be an adequate remedy.
Address the balance of convenience and your own promptness.
Consider an interim order to hold the position until the application is heard inter partes.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.