Anisuma Traders Ltd v Golf Course Holdings Ltd
Anisuma Traders Ltd v Golf Course Holdings Ltd (Miscellaneous Application No. 36 of 2016) [2016] UGCommC 33 (1 April 2016)
The court found that there were serious triable issues regarding ownership of the goods, the legality of distress for rent against third-party property, and the enforceability of the specialty agreement. The applicant demonstrated a prima facie case, as its goods were not shown to belong to Uchumi and were subject to wrongful distress. The court held that selling the goods before determination of ownership would irreparably harm the applicant, potentially destroying its business and reputation, and depriving the court of primary evidence. The balance of convenience favoured the applicant, as…
Source excerpt
- Temporary Injunction
- Distress For Rent
- Ownership Of Goods
- Third Party Property Rights
- Landlord Tenant Disputes
- Liquidation And Receivership