Wakilii

Uganda Development Bank Ltd v Alley Route Ltd (High Court Miscellaneous Application No. 618 of 2007)

High Court · [2007] UGCOMMC 96 · 2007 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to vacate temporary injunction for non-compliance with court order
Decision
Temporary injunction remains in force; parties ordered to comply with inventory filing requirement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application to vacate temporary injunction dismissed. Court found both parties had violated the order to jointly prepare and file an inventory of mortgaged assets within seven days. The applicant's officials failed to sign the prepared inventory, making filing impossible. Court held that the applicant, whose interests the inventory order was meant to protect, could not fault the respondent alone for non-compliance when it had failed to ensure compliance itself.

Outcome

Temporary injunction remains in force; parties ordered to comply with inventory filing requirement

Facts

Uganda Development Bank had granted a loan to Alley Route Ltd secured by a mortgage over Plot 612 Block 17 Rubaga. In Miscellaneous Application No. 634 of 2006, Alley Route obtained a temporary injunction restraining the Bank from disposing of or interfering with the mortgaged premises. On 1 February 2007, when granting the injunction, the court ordered that a joint inventory of all assets, machinery and equipment at the premises be taken by officials of both parties and filed within seven days. The inventory exercise was conducted on 21 February 2007, fourteen days late. The Bank's official Gabriel Otunda Etou prepared a report but neither he nor the Bank's lawyers signed it. The respondent signed the inventory. The Bank then applied to vacate the injunction on grounds that the respondent failed to file the inventory.

Issues

  1. Whether the temporary injunction should be vacated for the respondent's failure to file an inventory of assets as ordered by the court.
  2. Whether the applicant had complied with the court's order regarding the joint inventory exercise.

Orders

  • Application to vacate the temporary injunction issued in Miscellaneous Application No. 634 of 2006 dismissed.
  • Costs of the application awarded to the respondent.
  • Inventory conducted to be verified jointly by officials of applicant and respondent, with verified copy signed by officials and lawyers of both parties to be filed in court within 7 days from 30 November 2007.

Rules and key headnotes

Temporary Injunctions — Purpose and Effect — Preservation of Status Quo
The primary purpose of a temporary injunction is to preserve the status quo pending disposal of the main suit, and an order of temporary injunction binds both parties equally, each being under a duty to preserve the status quo as at the time of the order.
Interlocutory Applications — Vacation of Injunctions — Non-Compliance with Court Orders
Where a court order requires joint action by both parties and one party applies to vacate an injunction for the other's non-compliance, the application will fail if the applicant itself has failed to comply with the same order, particularly where the order was made to protect the applicant's own interests.
Court Orders — Compliance — Clean Hands Doctrine
Each party must come to court with clean hands; a party seeking relief for another's non-compliance with a court order must itself have complied with that order.
Evidence — Averments on Oath — Unrebutted Affidavit Evidence
Averments on oath in an affidavit that are neither denied nor rebutted are presumed to be admitted as true facts.

Legislation cited (2)

Cases cited (1)

  • Massa v Achen (1978) HCB 297

Full judgment

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

Uganda Development Bank Ltd v Alley Route Ltd (High Court Miscellaneous Application No. 618 of 2007) [2007] UGCommC 96 (29 November 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.