[2013] UGHCLD 74

[2013] UGHCLD 74

The court found that the applicant had demonstrated a prima facie case for ownership of the suit land through registration and succession, supported by documentary evidence. The respondent's denial of the applicant's ownership was unsupported by documentary proof. The respondent did not specifically rebut the...

Source-derived case information.

Citation
[2013] UGHCLD 74
Parties
Applicant: Makerere University; Respondent: Omumbejja Namusisi Farida Naluwemebe Namirembe Bwanga also known as Namirembe Bwanga Bwamirembe (NBBM)
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
29 August 2013
Case Number
Miscellaneous Application No. 658 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Temporary Injunction
Outcome
application granted
Judges
Bashaija, J
Legal Topics
Temporary Injunction, Ownership Dispute, Status Quo Preservation, Irreparable Injury, Balance of Convenience
Source Language
english
Land and Property Civil Procedure Temporary Injunction Ownership Dispute Status Quo Preservation Irreparable Injury Balance of Convenience

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Parties

Makerere University

Applicant

Omumbejja Namusisi Farida Naluwemebe Namirembe Bwanga also known as Namirembe Bwanga Bwamirembe (NBBM)

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Temporary Injunction

Legal Issues

  1. 1 Whether the circumstances warrant the grant of a temporary injunction restraining the respondent from entering, cutting trees, or destroying property on the suit land until determination of the main suit.
  2. 2 Whether the applicant has satisfactorily demonstrated and met the conditions for the grant of a temporary injunction.

Ratio Decidendi

The court found that the applicant had demonstrated a prima facie case for ownership of the suit land through registration and succession, supported by documentary evidence. The respondent's denial of the applicant's ownership was unsupported by documentary proof. The respondent did not specifically rebut the applicant's evidence of destruction of property and cutting of mature trees, which the court accepted as having occurred. The court held that the purpose of a temporary injunction is to preserve the status quo, not to determine ownership, and that the applicant would suffer irreparable injury if the respondent's activities continued, as mature trees and property could not be...

Court Disposition

application granted

Orders

  • A temporary injunction is issued restraining the respondent and her agents from entering the applicant's land comprised in FRV 52 Folio 25 at Makindye, cutting trees, destroying houses, or altering the status quo until determination of the main suit.
  • The respondent is restrained from wasting, threatening to waste, alienating, or altering the status of the suit land pending final determination of the case.