What is injunction

In injunction has been defined to mean an order of court directing a party to the proceed to do or
refrain from doing a specificied act, it is granted in cases where monetary compensation would
afford an inadequate remedy to an injured party1

TYPES OF INJUNCTIONS

-Anton pillar orders

-Permanent injunction

--Interlocutory injunction

Mareva injunctions

Sec 38 of the judicature Act grants the high court power to issue final or interlocutory injunction in
all cases in which it appears to court to be just or convenient to do so to restrain any person from
doing any Act

Sec 64 of civil procedure Act also provides also grants the court power to issue injunctions in
order to prevent the end of justice from being defeated

Sec 98 of the CPA grants high court inherent jurisdiction to grant injuction

An interlocutory injunction refers to an injunction that is limited so as to apply only until the final
hearing or final determination by the court of the right of the parties and accordingly it issues in a
form that requires that in the absence of a subsequent oder tp the contrary, it should continue up to
but not beyond the final hearing of the proceeding

An interlocutory injunction is derived from a pending suit which must have a cause of action to
sustain the main suit as seen sugar cooporations of Uganda ltd vs muhamanu tejan and also
stated in Re Theresa kaddu

-the pending suit must be before the court as seen in Nakana Vs DAPCB

PRINCIPLES FOR THE AWARD OF INTERLOCUTORY INJUNCTION

-Its awarded based on some laid down principles that have discussed in and applied in different
cases as stated in Robert Kavuma VS m/s hotel international.

-An injuction is granted to restrain the defendant from from doing an act the violates the plaintiffs
legal right American Cyanamid company ltd Vs ethicon ltd

RULES FOR GRANT OF AN INTERLOCUTORY INJUNCTION

-There must be a serious issue to be tried

-are damages an adequate remedy

-where does the balance of convince lie

1
Civil procedure and practice in Uganda ssekaana musa
- are there any special factors

NB. There procedure should be based on the rule that courts discretion should not be fettered by
laying down any rule which would affect the flexibility of remedies Hubbard vs Vosper

CONDITIONS FOR GRANT OF INJUCTION PER ODOKI J IN KIYIMBA-KAGGWA

- The grant of an injunction is a matter of judicial discretion- justice odoki in Kiyimba

Kaggwa VS Hajji A N Katende
- That applicat must show prima facie case pending with possibility of success
- Proof to suffer irrepairable damages
- When court is not in doubt it will decide on a balance of probability
1. Prima facie case

In sugar corporation Uganda ltd-pending suit-probability of success

2. Irreparable damages

If applicant will suffer irreparable injury then injunction be given-does not mean there must not be
physical possibility of repairing injuiry but injury must be substantial or material one that one can
not adequately compensated for in damages-kiyimba kaggwa

REASON FOR GRANT OF TEMPOLARY INJUNCTION

- To maintain status quo a nd determine whether or not to maintain the status quo other
circumstances had to be taken in to consideration-Erisa rainbow musoke Vs Ahamada
Kezaala-eg where status quo has changed injunction not serve purpose

Anton pillar injunction /orders

Is a mandatory injunction that orders defendant to allow an independent attorney to enter

defendants premises for purposes of searching and seizing documents or property that are
relevant to the plaintiffs claim

- Its also a form of discovery

- Usually sought in cases of breach of copyright or infringement on patents but not confined
to those alone- Emmanuel Vs Emmanuel
- - its sought expert and has element of surprise- so that defendant does not remove
incriminating materials

ORIGIN OF ANTON PILLAR

From Anton piller KG Vs Manufacturing processes ltd.

REQUIREMENTS FOR AWARD OF ANTON PILLAR

-the plaintiff must show an extremely strong prima facie case on the merits

- the plaintiff must show that the defendants acts are causing serious actual or potential harm to
the plaintiffs interests
-there must be clear evidence that the defendant has in his possession incriminating evidence or
other material and that there is a serious risk that the defendant may destroy such materials
before an inter parete application can be made- lord denning yousuf Vs Salama

THE LAW ON ANTON PILLAR

Sec 45(1) Copy right and neighbouring rights Act provides that that the owner of copy right
which has been pirated can institute a civil suit in commmerical court for grant of injunction to
stop infringement

Sec 45(2) upon an ex-parte application through a summon in charmbers court may oder for
removal of infringing materials from the infringing party

PROCEDURE

Oder 41 rule 9

Affidavit in support order 19

Form 8 Appendix b

Summons in chambers

Order 41 r 3

NB. Show court that if its to follow ususal procedure to serve the other party then the plaintiff
will suffer damages through hiding infringing materials. Therefore court should invoke its
salutary jurisdiction to move away from the normal procedure

Apply for discovery

DOUCMENTS

Chamber summons

Affidavit

Notice of motion

Paint

Copies of the pirated music

FORUM

-judge

-registrar order 50 rule 3

CAUSE OF ACTION.

Ssekaana cause of action refers to the set of facts or combination of facts that give rise to a
right of action

ELEMENTS OF A CAUSE OF ACTION

AUTO GARAGE VS MOTOKOV-Plaintiff must have enjoyed a right

-right has been violated

- defendant is liable

Al Hajji Nasser N Ssebaggala Vs Attorney General a cause of action means every fact which
if traversed , would be necessary for the plaintiff to prove in order to support his right to a
judgement of court , it must include some act done by the defendant .

-O.7 R 1(E) a plaint without a cause of action is struck out

Defamation

Defamation is to attack ones reputation, to rob him or her his or her name. Its the publication of
a false and defamatory statement concerning another without just cause , whereby he or she
suffers injury to his reputation- underhill law of torts 1937 13th edition

It can be commited by words,signs, or visible representation which inflict injury on a person on

his reputation by degrading,disparaging him or exposing him to contempt,ridicule or public
hatred thus lowering his reputation in the eyes of right thinking men-parmiter Vs Coupland

The yardstick used that of a reasonable man

Capital and ounties bank vs Henty it was held that were words are not libellous in their natural
meaning it must be proved by evidence that a reasonable man is likely to understand them in their
libellous sense

Elements

-statement must be false

-must be published

-Must be made to a third party

Procedure

-Institute a suit by plaint

-Plaint must comply with o.4 r 1

-pay court

Prayers (specific)

Special damages

General damages

FORUM
 High court

STAY OF EXECUTION

EXECUTION enforcement or giving effect to the judgement or orders of the court of law

-its the process of realising the fruits of a judgement by enforcing the decree against the
unsuccessful party through any one or more of the various modes of execution as law prescribes

NB. Such a decree or order has to be executed within 12 years from it date-section 35 CPA,-
Kabwengure VS kanjabi

Execution may by(sec 38 CPA) O.22 R 7

-delivery of any property specifically decreed

-by attachment son and sale

-attachment of debts

-by arrest and detention in prision ofany per

-appointing a receiciver

STAY OF EXECUTION. Order 22

Stay of execution is an order by a court that issued an execution order withdrawing the
implementation of such order.

-the court has inherent jurisdiction over all judgements or orders that it made , under which it can
stay in all cases- oder 43 r 4 . singh Vs Runda coffee estate ltd

-also the court of appeal can stay exection-national pharamacy ltd Vs kcc

- a person must show not only that has chance of success but that if stay is not granted will not
recover-Barker Vs lavery

-sec 98 CPA grant court the power to issue a stay of exection

INTERIM STAY

Hunsung industries ltd VS Tagid Hussein

-There must be a substantive appeal

-that if not grant substantive appeal will be nugatory

-there is serious threat to subject matterbefore hearin application

Order 22 r 26 - stay pending suit

NB. Its ok to apply for setting aside and stay in the same application as long as correct provision of
CPR is refered- magem enterprises ltd vs Uganda breweries ltd
 - High court has power to stay its orders mugenyi and co advocates vs national insurance
corporation
- NB- The principle of law to be in granting astay is whether there will be loss if not grant-
Nandala vs Uganda devt bank

PROCEDURE

-O.52 r 1

-affadvit

-court fees

DOUCMENTS

-notice of motion

- affidavit

SETTING ASIDE JUDGEMENT

Once the judgement of a competent court has been achieved ,it remains valid and must be obeyed
by parties affected until set aside by a competent court

-its a general rule of law that no court has power to rehear , alter or vary any judgement or order
after it has been entered and drawn up- functus officio rule.

o.9 r 27 setting aside ex -parte judgement non service of summons/sufficient cause

in Caltex oil ltd Vs kyobe justice Byamugisha j held sufficient cause each case has to be
determined on its own facts-

-Craig VS kanseen- failure to serve summons upon which the order in the present case was made
was not mere irregularity but a defect which made the order a nullity and therefore order must be set
aside

-the above case said that an order which is a nullity is one which a person affected by it is entitled to
have it set aside ex debito justitiae. Court in its inherent jurisdiction can set aside its own judgement

Exceptions to the above rule.

Slip rule,judgement by fraud ,under that situation that court has power to set its own judgement but of
another court- flower Vs lioyd

NB. however court has to be slow to set side on fraud, unless its well established. Its imperative to
note that court through its inherent power can interfere with its own judegement

Where.

-Accidential slip

-when judgement does not reflect what court intended-harrison VS Harrison

-when judgement is a nullity Okoli ojiiako Vs Onwuma misled to belive consent. Court can do
so ex debitio justitiae-Kafuma Vs kimbowa builders and constructors

2. APPEALS

An appeal refers to proceeding taken to rectify an erroneous decision of a court by bringing it before
higher court.

An appeal is is an application to set aside or vary the decision of another court or tribunal on the
ground that it was wrongly made.

NB- there is no right to appeal against the decision of a court of competent jurisdiction unless a
statute expressly so provides.

- IN Shah Vs A.g it was held that an appeal is a creature of statute

-this is a grim reminder that court too makes mistakes-and justice may not be attained by only one
court

LAW APPLIABLE

Judicature Act Cap 13 sec 4 & 6

1995 constitution article 132(2)

Judicature supreme court rules S.I 13-11

-SEC 4 judicature Act . an appeal shall lie from the C.O.A to supreme court.

- Sgt. kirumera frank Vs Uganda supreme court appeal no 10 of 1994 Appeal shall lie in the
supreme court from the court of appeal

-sec 6(1) judicature Act cap 13 an appeal lies as of right to supreme court where court of appeal
varies or sets aside a decision

PRATICAL PROCEDURES

Rule 71 suprem court rules

File a notice of change of advocate rule 21(2)(b) of S.I 267 Advocates professional conduct rule

Abidi & 3 ors Vs Tropical Africa Bank, were the court denied audience to the new firm representing
the applicant from SSebagala Ali and Co advocates because there was no notice of change advocates
filed before court.

-File noticeof appeal within 7 days - in Mutabazi C.A No 7 an appeal was struck out because a
notice of appeal notice of appeal should ordinary attached with a letter requesting for record of
appeal was filed out of time.
NB. An appeal is brought by way of notice of appeal-appeal without endorsement of date and timeof
lodging is a nullity- Gaba beach hotel n ltd Vs Cairo international bank

-notice of appeal shall be servered on the respondent within 7 days after lodging notice of appeal rule
74(1)

-pay court fee of 1350 as provided in part 3 of second schedule of supreme court rules

-draft a memorandum of appeal and set fourth distinctively the grounds and decisions appeal
aganist which have been wrongly held

-rule 73(1)- indicte whether appeal is for whole or part of the decision

-Rule 82 state cleary the order court should grant

-signed by appellant and advocate

Apply to court for record of proceeding rule 79- rule 83(7) each copy shall be certified as correct by
issuing certificate of correctness- steven Mabosi Vs URA it was that request 4 record is by ordinary
letter

HORIZON COACHES- appellants notice requesting for record of proceeding was not served on
respondent not in compliancy with rule 82(b)

Rule 83 contents of record of appeal

Appellant must lodge within 60 day and must include

-memoradum of appeal

- record of appeal

- security for cost of 400,000 . rule 101- goyatta vs goyatta

Each copy of record of appeal shall be certified to be correct by certificate of correctness - rule
83(7)

Pay fee for memorandum of appeal which is 2850

Rule 86(3) serve respondent who gave address

Application for stay of execution is by notice of motion-rule 44(1)

Application for appeals is made ex-parte by summons in chambers

3. REVEIW.

General rule that court becomes functus officio after judgement ,can not revist or purport to
exercise jurisdiction over same matter.

Execeptions
 Any person considering himself aggrieved by the decree or order from which an appeal is
allowed but from which no appeal has been preferred or by a decree or order from which no
appeal is allowed may apply for a review of a judgement to the courtthat passed the decree or
order- sec 83 CPA ORDER 46

-The expression aggrieved refers to a person who has suffered legal grievance Re-Nakivubo
chemists (u) ltd and Mohamed Alibhai Vs EE Bukenya mukasa

- such a person may be party to the suit or third party but such third party must show that his
aggrieved- Adonia Vs Mutekanga

CONDITIONS FOR REVIEW-Re-Nakivubo chemists

-discovery of new and important matter of evidence previously overlooked by misfortune

-some mistake or error apparent on the face of record

-for any other sufficient reason ,but the expression sufficient should be read as meaning
sufficiently of a kind analogous to (a) and (b) above.

PROCEDURE

-applications for review are made to the same judge who made them-order 46 rule 4-Re Dr john
chrizeston Kiyimba Katto.

-Unless he is no longer on the bench Levi outa VS UTC

NB. Where a matter for review was admitted by one judge but tried by another,the new judge
must restrict himself to points directed by the judge-

-the court can dismiss if no sufficient reason-order 46 r 3

-withdrawal of counsel not ground for review-Baguma Vs Kadoma,

-reveiw is a matter of cour discretion exercised judicially-Abdulla jaffer Vs Ali

-reveiw like appeal is a creature of statute and court has no inherent jurisdiction execpt
incorrecting clerical error or mathematical error-sec 99 CPA

-Application by notice of motion o.46 r 8, pro kabinenda Vs Sterling Astaldi u ldt

REVISION

-this is the supervisory power granted to the high court to ensure magistrates dont abuse power

-the H/c may call for record of any case which has been determined by any M/C if it appears

a. exercised a jurisdiction not vested in it in law

b. failed to exercise a jurisdiction so vested in it

c. acted in exercise of jurisdiction illegally ,may led to injustice

- sec 83 high court may revise and make orders it thinks fit-Elizabeth Bameka Vs Dodovico Nviiri
- H/C has power to revise an interlocutory order- sander Mohamed Vs charan sigh

-high court will not revisit simply due subordinate made irregular order but it will cause injustice-
muhinga Vsmukono Vs Rushwa N ative farmers coporative society.

-court will not exercise revisional power laspse of time-cause hardship-kabwengure vs kanjabi

-decision of magistrate execising appeallant jurisdiction is subject to revision-juma vs nyeko

-before revision by H/C must be moved by aggrieved party-kahuratuka vs mushorishori and company

PROCEDURE

-Write a letter to H/C registrar drawing his attention to irregularity of subordinate court and brought
before a judge-LDC Vs Edward mugalu

-in practice H/C insists application is formal by notice if motion.O.52 R 1,3

DECREE AND ITS CONTENT

Sec 2(2) CPA defines a decree to mean

Means a formal expression of an adjudication which so far a regard the court expressing
it,conclusively determines the right of the parties with regard to all or any of the matters in
controversy in the suit and may be preliminary or final,

-it means an order of court pronounced on the hearing of a suit

-it is derived from a judgement and it must bear the date on which judgement was deliverd-o.21 r
7(1)

-o.21 r 6 contents of a decree-manson house Vs Wilkson . decree must contain names of parties,
particulars of claim, date and sign, relief issued

-a successful party has duty to extract a decree and submit it for approval to the ther party-kazzora
Vs Rukuba

-failure to submit a decree to the other party is not fatal-east province bus company vs Bibi

-unsuccessful party wishing to appeal can extract a decree Asadi weke vs livingstone ola

-decree provide under appendix c CPR

INTERIM STAY OF EXECUTION

Post judgment remedy available to unsuccessful party

o.22 rule 89-summon in chambers

4. CAUSE OF ACTION

-james Brirawata vs kilembe mines-plaint without cause of action struck out

 -As above

-from facts its negligence

-Negligence refers to a breach of legal duty to take care owed by the defendant to the plaintif
which results in damage undesired by the defendant to the plaintiff..

-Donghue VS Stevenson-legal duty, duty was breached, breach by defendant

Various liability- muhange vs. A.G-employee must be within the scope of his employment

THIRD PARTY PROCEEDING

A third party proceeding is an action involving the plaintiffs claom taken by the defendant for
contribution or indemnity aganist a third person or a co defendant as a third party o,1 r 14

Objects of third party

-prevent multiplicity of suits-Baxter Vs france

-avoid same being heard twice different results-standard securities Vs hubbard telesurance

-to have the issues btn parties and third party decided as soon as possible after the decision in
original action btn parties.

Nature of third party

-Applies were the defendant claims he is entited to contrbution /indeminity-over seas touring co ltd
Vs African produce

-it is only confined to contribution-sango bay estates ltd vs Dresdner bank or indemnity-yasi
walusimbi Vs A,G

-Where the main suit is settled a 3rd party can proceed- stott vs water Yorkshire

-3rd party can be dimissed for want of prosecution-slade and Kempton vs kayman

The copy of the plaint in main suit ought to be attached to the notice obango Vs UTC.

PROCEDURE

O,1 r 14(2)

Summons in chambers ex-parte supported by affadvit in compliancy with sec 4 of commissioner for
oaths Act

-pay court fee unta export Vs customs

Documents

-plaint in compliancy with order 7, chamber summons, third party notice ,affidavit, insurance
certificate, medical report, police report, third party notice.
REPRESENTATIVE SUIT

These suits are brought whenever several persons have the same interests in the suit

o.1 r 8

-its mandatory to seek leave of court-paul kanyima Vs Rugooro

refer to Ayebare

PROCEDURE

-o.1 r 22

-summons in chambers

DOUCEMENTS

-plaint

-affidavit

OR

JOINDER OF PARTIES

O.1 r 1

Grounds for joinder

-Relief in same transaction-uganda general traders ltd Vs jinja cash stores

-common question of law and fact

-seek leave of court

-where there are joint claimants

-several and joint liability

SUMMARY SUIT