Court name
Industrial Court of Uganda
Judgment date
29 March 2017

Kayumba v Equity Bank (Miscellaneous Application-2017/32) [2017] UGIC 5 (29 March 2017);

Cite this case
[2017] UGIC 5

THE REPUBLIC OF UGANDA

IN THE INDUSTRIAL COURT OF UGANDA

MSC.APP.32/2017 (FROM LDC 295/2016)

FRANCIS X. KAYUMBA......................................................................APPLICANT

VERSUS

EQUITY BANK.............................................................................RESPONDENT

This is an application seeking a temporary injunction to stop the respondent from realizing a mortgage entered into between the applicant and the respondent pending the disposal of labour claim 295/2016

We have perused the application, the affidavit attached thereto as well as the affidavit in reply.

We have also listened carefully to the submissions of both counsel.

It is our considered opinion that the loan having been secured under a mortgage deed it was not a loan recoverable only by way of salary deductions but also by way of realizing the mortgage.

Therefore the pending claim for unlawful dismissal can easily be severed from the loan agreement. We agree with the submission of counsel for the respondent that at the time the mortgage deed was signed the claimant understood that in the event of none payment of the loan the mortgaged property would be sold.

Consequently we herby decline to grant the application. No order as to costs is made

SIGNED

1) Hon. Justice Ruhinda Asaph Ntengye, Chief Judge

2) Hon. Lady Justice Linda Lillian Mugisha Tumusiime

PANELLISTS

1) Ms. Adrine Namara

2) Mr. Micheal Matovu

3) Mr. Baguma Filbert Bates

 

DATED: 29TH MARCH, 2017