Alfa Trading & Manufacturing Company Limited v Departed Asians Property (HIGH COURT CIVIL SUIT No.488/90) [1991] UGHCCD 1 (19 March 1991)

Civil Procedure
Case summary
The court stated that the alleged notice was a mere request to the Board but not statutory notice which was a pre-requisite to the filling of any suit against any scheduled bodies.   Further, the applicants contended that, the suit could not have been filled as there had been a pending suit in another court. The court found that proceedings on the same subject matter in different courts could not be allowed as there would arise a miscarriage of justice.   Accordingly, the court found that no suit had been properly filled in court upon which a temporary injunction could be applied for and granted as a result.     The suit, therefore, was struck out.

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