The objective of a temporary injunction is twofold. First the granting or refusal of a temporary injunction, which is an interlocutory order, is an exercise of judicial discretion which must be exercised judiciously. (See: Sargent Vs Patel (1949) 16 E.A.C.A 63). Secondly the purpose of a temporary injunction is to preserve matters in a status quo until the question to be investigated in the suit can finally be disposed of. (See: Kiyimba-Kaggwa Vs Haji Abdu Nasser Civil suit No. 2019/1984; Noor Mohamed Hanmohamed Vs Kassamali Virji Madhani (1953) 20 EACA 8 AND Garden Cottage food limited Vs Milk Marketing Vs Milk Marketing Board [1984] A.C 130) The law is fairly settled now as the tests required in an action such as this for Court to consider in granting a temporary injunction. The first is whether there are serious questions to be tried a variant from the original prima facie test. (See: Britannia Allied Industries Vs Sunrise Confectionaries Ltd MA-0288 OF 2005 my decision and Francis Babumba & Others Vs Erusa Bunju Civil suit No. 679/90 – Okello J as he then was) The Second is that, a temporary 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; (See: Kiyimba-Kaggwa Vs Haji Abdu Nasser Civil suit No. 2019/1984) Thirdly; if the court is in doubt, it will decide an application on the balance of convenience. (See: Giella & Cassman Brown Co. Ltd [1973] EA. 358; Industries Vs Trufoods [1972] EA 420)

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