Kayumba v Equity Bank (Miscellaneous Application No. 32 of 2017)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Industrial Court declined to grant a temporary injunction restraining a bank from realizing a mortgage pending disposal of an unlawful dismissal claim. The court held that a loan secured by mortgage deed is recoverable both by salary deductions and by realizing the mortgage. The pending unlawful dismissal claim can be severed from the loan agreement, as the applicant understood at the time of signing the mortgage that non-payment would result in sale of the mortgaged property.

Outcome

Application for temporary injunction dismissed

Facts

The applicant sought a temporary injunction to stop the respondent bank from realizing a mortgage entered into between the parties pending the disposal of Labour Claim 295/2016, which concerned an alleged unlawful dismissal. The loan had been secured under a mortgage deed. The applicant argued that the mortgage realization should be stayed pending resolution of the employment dispute.

Issues

1. Whether a temporary injunction should be granted to stop the respondent bank from realizing a mortgage pending the disposal of a labour claim for unlawful dismissal.

Orders

• Application declined.
• No order as to costs.

Rules and key headnotes

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Spencer George William v Agaba Mugisa and Another (Election Petition Appeal No. 06 of 2016)

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