[2015] UGCA 2028
The application was dismissed because the persons alleged to be alienating the land were not parties to the proceedings, and the respondent was not involved in the alleged acts. The Court of Appeal emphasized that it cannot issue orders against individuals who are not before it, as this would violate their right to...
Source-derived case information.
- Citation
- [2015] UGCA 2028
- Parties
- Applicant: Aliganyira Ya Kobo Kyomya; Respondent: The Trustees of Hoima Catholic Diocese
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application No. 273 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Injunction
- Outcome
- application dismissed with costs
- Judges
- Bossa, JA
- Legal Topics
- Injunctive Relief, Joinder of Parties, Right to Be Heard, Alienation of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aliganyira Ya Kobo Kyomya
Applicant
The Trustees of Hoima Catholic Diocese
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Injunction
Legal Issues
- 1 Whether the Court of Appeal can issue an injunctive order against persons who are not parties to the proceedings.
- 2 Whether the respondent is a proper party to the application for injunctive relief regarding the alleged alienation of land.
- 3 Whether the applicant's remedy lies in a different forum.
Ratio Decidendi
The application was dismissed because the persons alleged to be alienating the land were not parties to the proceedings, and the respondent was not involved in the alleged acts. The Court of Appeal emphasized that it cannot issue orders against individuals who are not before it, as this would violate their right to be heard. The applicant was advised that the proper course of action would be to sue the alleged wrongdoers in a competent trial court. The court reiterated its role as an appellate body, not a trial court, and found the application misconceived both in terms of parties and forum.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
#### THE REPUBLIC OF UGANDA
# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL AI'PLICATION NO.27.] OF 20I5
#### ALIGANYIRA YA KOBO KYOMYA: : : : ] : : : : : : ]: : : : : : : : : : : : : : : : : : : : : APPLICANT
### vElisUs
#### THE TRUSTEES OF HOIMA CATHOLIC DIOCESE:::::::: IIE,SPONDENT
## CORAM: HON. LADY. IUSTICE SOLOMY IIALtTNCI IIOSSA.,IA
## DATE: 20/10/2015 AT 09:30 AM
#### IttrLt N(;
The applicant is seeking to invoke the powers of this Court to issue what it describes as an injunctive order against certain pelsons sorne of who are his family members, allegedly because they are in advanced stages of distributing, subdividing and wasting the suit land befbre disposal of Civil Appeal No. 49 of 2014 between the Applicant and the Respondent.
Counsel for the Applicant concedes that the Respondent is not part to the alleged alienation of the land. lt is theretbre apparent that the Applicant has dragged the wrong pafiy to the wrong Court. lf the land olthe Applicant is being alienated by the people the Applicant names, the proper course fbr him to take rvould be to sLte thern for the alienation in a competent Coum. This Court is not a trial Court. In any case, it cannot issue an order against persons who are not betbre it as this would contravene their right to be heard.
This application is therefore rnisconceived. In the result, it is dismissed with costs to the Respondent.
Dated October' 23. 201 5
| Dated October' 23. 201 5 | | |--------------------------------------|-------| | | f6""' | | Signed by: Solorny Balungi Bossa, JA | |
Ruling read in the presence ot':
Tumwesigye Wicliff, Counsel for the Applicant
Jeff Bogere Mukwana, Counsel fbr the Respondent
5 The Applicant and the Representative of the Respondent, namely; Rev. Father Adebo Daniel and James Tumwesigwa, Chairman of the Christian Community in Kihemba Sub Parish, Hoima Catholic Diocese.
Signed by: ['ff8\*".
<sup>10</sup> Hon. Justice Solonry Balungi Bossa, JA