[2021] UGCA 167

[2021] UGCA 167

The Court found that the affidavit in reply by the first respondent was incurably defective for lack of written authority to swear on behalf of the second respondent and struck it out. With no valid opposing affidavit, the application stood unchallenged. The Court held that an interim order of stay of proceedings...

Source-derived case information.

Citation
[2021] UGCA 167
Parties
Applicant: Luggya Andrew; Respondent: Kikonyogo Richard; Respondent: Ssembatya Joseph
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Case Number
Civil Application No. 248 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Interim Injunction and Stay Pending Substantive Application
Outcome
application allowed in part
Judges
Barishaki, JA
Legal Topics
Interim Injunction, Stay of Proceedings, Estate Disputes, Fraudulent Registration, Threat of Execution
Source Language
en
Civil Procedure Land and Property Interim Injunction Stay of Proceedings Estate Disputes Fraudulent Registration Threat of Execution

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Parties

Luggya Andrew

Applicant

Kikonyogo Richard

Respondent

Ssembatya Joseph

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interim Injunction and Stay Pending Substantive Application

  1. 1 Whether the applicant is entitled to an interim order of injunction restraining the respondents from dealing with the suit land pending disposal of the substantive application.
  2. 2 Whether an interim order of stay of proceedings in the High Court Civil Suit No.08 of 2018 can be granted when judgment has already been delivered.
  3. 3 Whether the affidavit in reply by the first respondent is defective for lack of authority to swear on behalf of the second respondent.

Ratio Decidendi

The Court found that the affidavit in reply by the first respondent was incurably defective for lack of written authority to swear on behalf of the second respondent and struck it out. With no valid opposing affidavit, the application stood unchallenged. The Court held that an interim order of stay of proceedings could not be granted because judgment had already been delivered in the High Court, and there were no proceedings to stay. However, the applicant satisfied the requirements for an interim injunction: a competent notice of appeal was filed, a substantive application was pending, and there was a serious threat of execution evidenced by subdivision and potential transfer of the...

Court Disposition

application allowed in part

Orders

  • An interim order of injunction is issued restraining the respondents, their agents, servants, workers and any other person acting on their behalf or any other person interfering with selling, mutating, transferring, evicting or anybody deriving interest from them from disposing off or receiving any payment in...
  • Costs of this application shall abide the outcome of the substantive application for an order of injunction.