Roko Construction Limited v Pearl Marina Estates Limited
Roko Construction Limited v Pearl Marina Estates Limited (Miscellaneous Application 193 of 2023) [2023] UGCommC 52 (24 July 2023)
The court found that the subject matter of the application was already the subject of pending arbitration proceedings between the parties, and that the claims in the main suit were identical to those before the arbitrator. The applicant had previously sought similar interim relief, which was dismissed. The court held that it could not exercise jurisdiction over a matter subject to valid and binding arbitration, and that the application for a temporary injunction constituted an abuse of process. Consequently, the court declined to consider the criteria for granting a temporary injunction and o…
Source excerpt
- Temporary Injunctions
- Arbitration Stay
- Performance Guarantees
- Contract Breach
- Abuse Of Process