[14] As to whether the Applicant stands to suffer irreparable harm, it was
submitted by Counsel for the Respondent that the Applicant has not
demonstrated the injury they are likely to suffer if the ITMS is implemented
which cannot be atoned for in damages. Counsel argued that to the contrary, it
is the Respondent that is likely to suffer irreparable harm if the injunction is
granted as it would prevent the Respondent from carrying out the necessary
procedures to ensure implementation of the ITMS. Counsel also argued that
the Respondent has already entered into agreements with the contractor which
agreements create legally binding obligations on the Government of Uganda.
Halting the implementation is likely to cause serious financial hemorrhage to
the Government that the Applicant cannot atone for in form of damages.
Counsel concluded that in case of doubt, the balance of convenience tilts
heavily in the Respondent’s favour.
Determination by the Court
[15] The law is that grant of a temporary injunction is an exercise of judicial
discretion for purposes of maintaining the status quo until the question(s) to be
investigated in the main suit is/are tried on the merits and disposed of finally.
The principles for grant of a temporary injunction were well laid down in the
case of Kiyimba Kaggwa v Hajji Abdul Nasser Katende (1986) HCB 43
citing with approval the decision in Giella vs. Cassman Brown & Co Ltd
[1973] 1 EA 358, as follows:
“The conditions for the grant of an interlocutory injunction are ….
first, an applicant must show a prima facie case with a probability
of success. Secondly, an interlocutory injunction will not normally be
granted unless the applicant might otherwise suffer irreparable
injury, which would not adequately be compensated by an award of
damages. Thirdly, if the court is in doubt, it will decide an
application on the balance of convenience.”
7
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