Wakilii

Pan African centre for strategic & International studies v Mandela International stadium Ltd (HCT-00-CC-MA 285 of 2007)

High Court · [2007] UGCOMMC 48 · 2007 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising out of civil suit for breach of contract
Decision
Application for temporary injunction dismissed and interim order vacated; main suit to proceed to scheduling conference

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for a temporary injunction to restrain eviction from leased premises. The court held that O.41 r.2(1) did not apply because the main suit was for damages for breach of contract, not for restraining breach. The applicant failed to establish a prima facie case because a tenancy termination notice had validly expired before the suit was filed and the respondent had obtained judgment for rent arrears. Any injury would be compensable in damages. The interim order had improperly disturbed rather than maintained the status quo by keeping the applicant in possession after valid termination.

Outcome

Application for temporary injunction dismissed and interim order vacated; main suit to proceed to scheduling conference

Facts

The applicant and respondent entered into a six-year tenancy agreement on 10 October 2005 for premises at Mandela National Stadium at monthly rent of UGX 4,200,000 payable quarterly in advance. The applicant was to provide catering services. Disputes arose over rent arrears. The applicant filed HCCS 40/2007, which it withdrew after the respondent obtained consent judgment for rent arrears on 3 May 2007. The respondent issued a notice of termination dated 24 January 2007 which expired on 26 April 2007. On 27 April 2007, the applicant filed the main suit (HCCS 288/2007) for breach of contract and damages of UGX 397,000,000, and obtained an interim order restraining eviction. The respondent argued the tenancy had been validly terminated.

Issues

  1. Whether the application for temporary injunction was properly brought under Order 41 rule 1 or rule 2(1) of the Civil Procedure Rules.
  2. Whether the applicant established a prima facie case with a probability of success.
  3. Whether the applicant would suffer irreparable damage if the temporary injunction was not granted.
  4. Whether the purpose of the temporary injunction was to maintain or disturb the status quo.

Orders

  • Application dismissed.
  • Interim order vacated.
  • Main suit to be set down for scheduling conference on a date convenient to the parties and Court.
  • Costs of the application to abide the outcome of the main suit.

Rules and key headnotes

Temporary Injunctions — Order 41 Rule 2(1) — Requirement that Main Suit Seek Injunctive Relief
An application for a temporary injunction under Order 41 rule 2(1) of the Civil Procedure Rules can only succeed where the main suit itself seeks an injunction to restrain breach of contract or other injury. Where the main suit claims only damages for breach of contract, the applicant cannot invoke O.41 r.2(1) to obtain a temporary injunction.
Temporary Injunctions — Prima Facie Case — Effect of Prior Judgment on Rent Arrears
Where a defendant has already obtained judgment against the plaintiff for non-payment of rent, and has exercised a contractual right to terminate the tenancy on notice, the plaintiff cannot establish a prima facie case for a temporary injunction to restrain eviction, save on the quantum of damages.
Temporary Injunctions — Irreparable Injury — Loss of Tenancy Compensable in Damages
Loss of a tenancy, including loss of business opportunities and contracts to provide accommodation, does not constitute irreparable injury for the purposes of granting a temporary injunction where such loss is compensable in ordinary damages and alternative premises are available.
Temporary Injunctions — Status Quo — Valid Termination Before Suit Filed
The purpose of a temporary injunction is to maintain the status quo as at the time the challenge was taken out, not to disturb it. Where a tenancy has been validly terminated before the suit was filed and no prior court order existed, granting an injunction to keep the applicant in possession disturbs rather than maintains the status quo and cannot be used to restrain a party from exercising a valid contractual right of termination.

Legislation cited (3)

Cases cited (2)

  • Frank Nkuyahanga v Esso (U) Ltd (HCCS No. 377 of 1992)
  • Robert Kavuma v M/S Hotel International (SCCA No. 8 of 1990)

Full judgment

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

Pan African centre for strategic & International studies v Mandela International stadium Ltd (HCT-00-CC-MA 285 of 2007) [2007] UGCommC 48 (17 May 2007)
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.