Wakilii

Verma v Cooperative Bank Kenya Limited (Miscellaneous Application 509 of 2024)

High Court · [2024] UGHCCD 90 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for interim injunction arising from pending application for temporary injunction in civil suit concerning ownership of motor vehicles
Decision
Interim injunction granted restraining impounding of vehicles pending hearing of substantive application for temporary injunction scheduled for 20 June 2024

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An interim injunction was granted restraining the respondent bank and its agents from impounding ten motor vehicles pending determination of a substantive application for temporary injunction. The court held that where a substantive application for temporary injunction is pending and there is a serious imminent threat of execution before its hearing, an interim order is necessary to preserve the status quo.

Outcome

Interim injunction granted restraining impounding of vehicles pending hearing of substantive application for temporary injunction scheduled for 20 June 2024

Facts

The applicant is the plaintiff in Civil Suit No. 422 of 2020 claiming ownership of ten motor vehicles. The respondent bank claims ownership of the same vehicles. The respondent, with assistance from Interpol Police, was in the process of impounding the vehicles pursuant to a Police letter dated 21 May 2024 from the Directorate of Interpol directing the Regional Police Commander to trace, impound and forward the vehicles to Interpol for onward management. The applicant filed MA No. 507 of 2024 to add the respondent as a defendant and MA No. 508 of 2024 for temporary injunction. The applicant then filed this ex parte application for an interim order to restrain the respondent from impounding the vehicles pending determination of the temporary injunction application.

Issues

  1. Whether the court should grant an interim order restraining the respondent from impounding the motor vehicles pending determination of the substantive application for temporary injunction.

Orders

  • An interim order is hereby issued against the Respondent its agents/servants or assignees restraining them from impounding the vehicles Registration Number KCU 460H, KCU 469H, KCU 473H, KCU 472H, KCW 524H, KCU 307A, KCU 459H, KCU 314A, KCU 321A, KCU 349A pending the determination of the Applicant's substantive Application for temporary injunction on 20th June 2024 at 11 am.
  • Costs of this application will be in the cause.

Rules and key headnotes

Civil Procedure — Interim Injunctions — Conditions for Grant — Pending Substantive Application and Serious Threat
For the grant of an interim order of interim injunction, an applicant must satisfy three conditions: there must be a competent suit or cause; a substantive application for temporary injunction must be pending; and there must be a serious threat of execution before hearing of the substantive application.
Civil Procedure — Interim Injunctions — Purpose — Preservation of Status Quo
An interim order restraining a party from taking action is necessary to preserve the status quo until a substantive application for temporary injunction is heard and determined, particularly where there is imminent threat that the action will render the substantive application nugatory.

Legislation cited (5)

Cases cited (3)

  • Reynolds Construction Company (U) Ltd v Attorney General and 2 Others (Miscellaneous Application No. 99 of 2022)
  • Hwang Sung Industries Ltd v Tajdin Hussein and 2 Others (Supreme Court Civil Appeal No. 19 of 2008)
  • Guiliano Gariggio v Claudio Casadio (Civil Application No. 03 of 2013)

Full judgment

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

Verma v Cooperative Bank Kenya Limited (Miscellaneous Application 509 of 2024) [2024] UGHCCD 90 (23 May 2024)
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.