Wakilii

Elim Penticostal Evangelical Fellowship v Singh Saggu & Anor (Civil Suit No. 750 of 1993)

High Court · [1993] UGHC 23 · 1993 Injunction Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction under Order 37 rules 1(a), 2 and 9 of the Civil Procedure Rules
Decision
Temporary injunction granted to maintain status quo pending hearing and determination of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant established a prima facie case with probability of success based on an alleged 1972 agreement of sale and full payment of the purchase price. The court found that eviction before the UCE examinations would cause irreparable damage to students and the applicant. Service of the chamber summons was dispensed with due to immediate risk of eviction. Temporary injunction granted to maintain the status quo until determination of the main suit.

Outcome

Temporary injunction granted to maintain status quo pending hearing and determination of the main suit

Facts

The applicant and defendant entered into an agreement of sale in 1972 for the purchase of property on Plots 30 and 52 William Street, Kampala. The applicant claims to have paid the full agreed purchase price and has been in peaceful possession of the property since 1972, operating Kampala Grammar Secondary School offering O and A Level education. The defendant threatened to evict the applicant from the suit property. At the time of the application, O Level students were due to start their UCE examinations the following day.

Issues

  1. Whether the applicant satisfied the conditions for grant of a temporary injunction.
  2. Whether service of the chamber summons on the respondent should be dispensed with in the circumstances of the case.

Orders

  • Temporary injunction granted as prayed.
  • Respondent and his agents restrained from evicting the applicant from Plots 30 and 52 William Street, Kampala until the main suit is heard and determined.
  • Applicant to bear the costs of the application.

Rules and key headnotes

Temporary Injunctions — Principles for Grant
A court will grant a temporary injunction if the applicant shows a prima facie case with a probability of success in the head suit and that he will suffer irreparable damage if the temporary injunction is refused, or if the court is in doubt on the question of damages, it will decide the issue on the balance of convenience of the parties.
Temporary Injunctions — Dispensing with Service of Chamber Summons
Where unique circumstances present an immediate serious risk that service of the chamber summons on the respondent would result in eviction of the applicant before the application can be heard, the court may allow the application to proceed ex parte and dispense with service under Order 37 rule 3 of the Civil Procedure Rules.
Sale of Land — Equitable Interest — Prima Facie Case
A claim that a purchaser paid the full agreed purchase price under an agreement of sale and has been in peaceful possession of land for a substantial period establishes a prima facie case of equitable interest in the property with a probability of success.

Legislation cited (4)

  • Civil Procedure Rules O.37 r.1(a)
  • Civil Procedure Rules O.37 r.2
  • Civil Procedure Rules O.37 r.9
  • Civil Procedure Rules O.37 r.3

Cases cited (1)

  • Giela v Caseman Brown & Ltd (1975) EA 358

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Elim Penticostal Evangelical Fellowship v Singh Saggu & Anor (Civil Suit No. 750 of 1993) [1993] UGHC 23 (26 October 1993)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.