Mbaziira v Kasujja & 2 Ors (Misc Application No. 1171 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted an interlocutory injunction application where no affidavit in reply had been filed to rebut the application. The court held that the injunction should operate to preserve the status quo in the interest of both parties pending final disposal of the main suit, which was referred to mediation.
Outcome
Injunction granted; main suit referred to mediation
Facts
Joseph Mbaziira brought an interlocutory application arising from Misc. Cause No. 587 of 2016 against Fred Kasujja, Katongole Muyindi, and Malege Charles. The application was heard on 26 September 2017. At the hearing, the applicant was present, the first and second respondents were absent, and the third respondent was present. No affidavit in reply had been filed by any respondent to rebut the application.
Issues
- Whether the injunction application should be granted in the absence of a rebuttal affidavit.
Orders
- Application granted.
- Injunction granted to preserve the status quo pending final disposal of the main suit.
- Main suit forwarded for mediation.
- Matter mentioned on 22nd November 2017 at 9:00 am to receive mediation report.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.