Kiwanuka v Micro Finance Support Centre Ltd & Anor (Civil Application No. 256 of 2015.)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 court considered an application for an interim order of temporary injunction restraining sale of mortgaged matrimonial property pending the hearing of a substantive application to extend an earlier injunction. Applying the test in Hwang Sung Industries Ltd v Tajdin, the single Justice held that it sufficed to show a pending substantive application and a serious threat of execution; both were established as the property had been advertised for sale. The court declined to consider the merits of the extension to avoid pre-empting the main application. An interim injunction was granted, but limited to five months rather than being open-ended, with the Registrar directed to fix the matter urgently.

Outcome

Interim temporary injunction granted for a limited period of five months pending determination of Civil Application No. 230 of 2015

Facts

The second respondent, husband of the applicant, mortgaged family land at Kawatule, Kyengera, on which the applicant and their children lived, to the first respondent as security for a loan to a third party. The third party defaulted, and the first respondent took steps to sell the property to recover the outstanding sum. Litigation in the High Court concerning the validity of the mortgage found there was no spousal consent but did not declare the mortgage void. The applicant appealed (Civil Appeal No. 159 of 2014). On 25 June 2014, the Court of Appeal granted a temporary injunction restraining sale, effective for one year on condition the appeal be disposed of within that period. The appeal was not fixed for hearing owing to the court's busy schedule, and the injunction lapsed. The applicant filed a substantive application (Civil Application No. 230 of 2015) to extend the injunction. With the first respondent having advertised the property for sale, the applicant sought the present interim order pending the hearing of that substantive application.

Issues

1. Whether the applicant satisfied the conditions for the grant of an interim order of temporary injunction pending the hearing of a substantive application for extension of an earlier injunction.

Orders

• An interim order of a temporary injunction is granted pending the hearing and disposal of Civil Application No. 230 of 2015.
• The order shall have effect for five months from the date of delivery of this ruling.
• The Registrar of the Court is directed to make arrangements to have the matter fixed for hearing urgently.
• The costs of this application will abide the outcome of the main application.

Rules and key headnotes

Legislation cited (2)

• Judicature (Court of Appeal Rules) Directions rule 2(2)
• Judicature (Court of Appeal Rules) Directions rule 43(1)

Cases cited (1)

• Hwang Sung Industries Ltd v Tajdin and 2 Others (Civil Application No. 19 of 2008)

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