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In this legal alert we analyse the High Court’s ruling on the use of Order 41 Rule 4 of the Civil Procedure Rules to discharge, vary, or set aside temporary injunctions. The alert highlights this underutilised remedy as a faster and more flexible alternative to appeals or reviews, focusing on whether an injunction should continue rather than whether it was correctly granted. Courts recognise grounds such as material non-disclosure, changed circumstances, or abuse of the order. It also clarifies that where injunctions are issued by registrars, applications for discharge must be made before a judge, reinforcing judicial oversight and equitable discretion.
16 April 26
Other Insights:
When a temporary injunction is issued against your client, the instinct is to either appeal or apply for review. But there is a third route which is underutilised, procedurally uncomplicated, and hiding in plain sight. Order 41 Rule 4 of the Civil Procedure Rules (“the CPR”) empowers any dissatisfied party to apply to the same court that granted the injunction to have it discharged, varied or set aside. No appeal, no review, no higher court. Just a return to the court that issued the order, armed with sufficient cause.
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Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Timothy Lugazi