Mandela Auto Spares v Marketing Information Systems Ltd (Civil Appeal Reference No. 74 of 2008)

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

On a reference from the Assistant Registrar's grant of an interim order of stay of execution of a High Court temporary injunction, the single Justice held that the principles governing references are the same as those governing other appeals, and that the appellate court will only interfere where the Registrar acted without power or applied wrong principles of law. Reviewing the unchallenged affidavit evidence, the Justice found no fault with the Registrar's decision, holding that maintaining the injunction would cripple the respondent's advertising business while permitting the appellant to trade without paying rent, which would not preserve a level playing ground. The reference was dismissed with each party bearing its own costs.

Outcome

Reference dismissed; interim order of stay of execution of the High Court temporary injunction upheld pending the substantive application for stay

Facts

By an agreement dated 1 January 2005, the respondent let advertising space at several Kampala-area sites to the appellant. Following alleged non-payment of rent and other breaches, the respondent terminated the advertising agreement and let the space to MTN. The appellant filed a suit in the High Court (Commercial Division) and obtained a temporary injunction restraining the respondent from putting up other advertisements pending disposal of the suit. Dissatisfied, the respondent appealed and applied for a stay of the temporary injunction, and obtained from the Assistant Registrar an interim order of stay pending the full bench hearing of the substantive stay application. The appellant referred the Registrar's interim order to a single Justice of Appeal. The Registrar had before her only the unchallenged affidavit of the respondent's director, which the appellant did not answer, indicating the respondent would suffer irreparable damage and might be wound up if the injunction were maintained.

Issues

1. Whether the Assistant Registrar erred in law in staying an order of temporary injunction granted by the High Court.
2. Whether the grant of an interim order of stay effectively set aside the High Court's temporary injunction.
3. Whether the single Justice should interfere with the Registrar's exercise of discretion on the reference.

Orders

• The reference is dismissed.
• Each party shall bear its own costs.

Rules and key headnotes

Legislation cited (6)

• Judicature (Court of Appeal Rules) Directions SI 13-10 r.2(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.6
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.43
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.44(1)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.53
• Court of Appeal (Judicial Powers of Registrars) Practice Direction No. 1 of 2004

Cases cited (4)

• Kenva shell Ltd V Kibiru 1986-1989 EALR 266
• Shell Uganda v George Ndyabawe (Civil Application No. 14 of 2005)
• Standard Chartered Bank v Emag (Civil Appeal No. 3 of 2003)
• Specon Services Ltd v Tom Ogwal (Civil Appeal No. 6 of 2003)

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