Ojiambo v Centenary Rural Development Bank Limited
Ojiambo v Centenary Rural Development Bank Limited (Miscellaneous Application 197 of 2022) [2023] UGIC 69 (3 April 2023)
The application for interim injunctive relief fails on two preliminary grounds: first, there is no pending substantive application as required by Order 50 Rule 3A(3) of the Civil Procedure (Amendment) Rules, 2019; second, the applicant did not comply with Regulation 13(1) of the Mortgage Regulations, 2012, which mandates deposit of 30% of the forced sale value before seeking injunctive relief on mortgaged property. The court found no evidence of a substantive application with a likelihood of success, nor proof of the required deposit. The nature of the relief sought was not interim but pendin…
Source excerpt
- Interim Injunctions
- Mortgage Regulation Compliance
- Unfair Termination
- Loan Liability
- Industrial Court Jurisdiction
- Irreparable Injury