Wakilii

Natayi v Barclays Bank of Uganda Ltd (Ma No. 263 of 2013)

High Court · [2013] UGHCLD 60 · 2013 Injunction Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for temporary injunction arising from civil suit
Decision
Temporary injunction granted pending determination of main suit

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted a temporary injunction restraining Barclays Bank of Uganda Ltd from disposing of or alienating land comprised in Kibuga Block 14 Plot 1138 pending hearing and disposal of the main suit. The court found that the applicants satisfied all three conditions for grant of temporary injunction: they showed a prima facie case with probability of success, demonstrated risk of irreparable injury not adequately compensable by damages, and the balance of convenience favored granting the injunction.

Outcome

Temporary injunction granted pending determination of main suit

Facts

The applicants filed an interlocutory application seeking a temporary injunction against Barclays Bank of Uganda Ltd and Walakira Willington to restrain disposal or alienation of land comprised in Kibuga Block 14 Plot 1138 at Najjanankumbi. The application arose from Civil Suit No. 136 of 2013. The 1st respondent opposed the application through its lawyers Ligomarc Advocates, while the 2nd respondent filed no response. The court found that the pleadings raised triable issues requiring investigation in the main suit.

Issues

  1. Whether the applicants satisfied the conditions for grant of a temporary injunction to restrain the 1st respondent from disposing of or alienating the suit land pending hearing and disposal of the main suit.

Orders

  • Application allowed.
  • Temporary injunction granted restraining the 1st respondent from disposing of or alienating the property comprised in Kibuga Block 14 Plot 1138 Land at Najjanankumbi pending hearing and disposal of Civil Suit No. 136 of 2013.
  • Costs in the cause.

Rules and key headnotes

Temporary Injunctions — Conditions for Grant
The grant of a temporary injunction is an exercise of judicial discretion for the purpose of preserving the status quo until the question to be investigated in the suit can be finally disposed of.
Temporary Injunctions — Three-Part Test
An applicant for a temporary injunction must satisfy three conditions: first, show a prima facie case with a probability of success; second, demonstrate that refusal of the injunction would cause irreparable injury not adequately compensable by damages; and third, if the court is in doubt, the balance of convenience must favor the applicant.

Legislation cited (4)

Cases cited (1)

  • Kiyimba-Kaggwa v Haji Abdu Nasser Katende [1985] HCB 43

Full judgment

↓ Download PDF

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

Natayi v Barclays Bank of Uganda Ltd (Ma No. 263 of 2013) [2013] UGHCLD 60 (14 June 2013)
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.