JUDGMENT OF THE COURT
The appellant is aggrieved by the ruling of the High Court (A. O. Muchelule, J) delivered on 13th March 2012 dismissing his application for temporary injunction. In that application, the appellant sought a temporary injunction from the court to restrain the respondent from selling his property known as North Wanga/ Matungu/ 1890 that he had charged to the respondent to secure a loan facility. The respondent contended that the appellant defaulted in repayment of the loan facility and sought to exercise its statutory power of sale under the charge to recover the debt.
Learned counsel for the appellant submitted that the learned judge of the High Court erred in declining to grant the injunction yet the respondent failed to serve him with the requisite statutory notice; that the auctioneers notice was also not served on him; that a substantial amount of money that the appellant had paid to the bank had not been taken into account and the right to exercise the responden…