[2023] UGHCLD 20

[2023] UGHCLD 20

The court found that the applicant had established a prima facie case with a probability of success, as the main suit was already part-heard and there were unresolved questions regarding the title and identity of the parties. The court was satisfied that the applicant would suffer irreparable harm if the respondents or their agents continued construction or other activities on the suit land during the pendency of the main suit, as such harm could not be adequately compensated by damages. The balance of convenience favored granting the injunction, as the main suit was at an advanced stage and the order would not prejudice the respondents. Accordingly, the court granted a temporary...

Citation
[2023] UGHCLD 20
Parties
Applicant: Margaret Tibulya J.; Respondent: Kusasira Peace Kanyesigye Mubiru; Respondent: Ddibya Henry Wagaba
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
10 February 2023
Case Number
Miscellaneous Application No. 35 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Temporary Injunction Pending Determination of Main Suit
Outcome
temporary injunction granted
Judges
Matovu, J
Legal Topics
Temporary Injunctions, Land Ownership Disputes, Trespass, Status Quo Preservation
Source Language
English
Land and Property Civil Procedure Temporary Injunctions Land Ownership Disputes Trespass Status Quo Preservation

Case Brief

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Parties

Margaret Tibulya J.

Applicant

Kusasira Peace Kanyesigye Mubiru

Respondent

Ddibya Henry Wagaba

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Temporary Injunction Pending Determination of Main Suit

Legal Issues

  1. 1 Whether the applicant has established a prima facie case with a probability of success to warrant a temporary injunction.
  2. 2 Whether the applicant will suffer irreparable injury not compensable by damages if the injunction is not granted.
  3. 3 Whether the balance of convenience favors the grant or refusal of the temporary injunction.

Ratio Decidendi

The court found that the applicant had established a prima facie case with a probability of success, as the main suit was already part-heard and there were unresolved questions regarding the title and identity of the parties. The court was satisfied that the applicant would suffer irreparable harm if the respondents or their agents continued construction or other activities on the suit land during the pendency of the main suit, as such harm could not be adequately compensated by damages. The balance of convenience favored granting the injunction, as the main suit was at an advanced stage and the order would not prejudice the respondents. Accordingly, the court granted a temporary...

Court Disposition

temporary injunction granted

Orders

  • A temporary injunction is issued restraining the respondents or their agents from any further construction of structures on the suit land at Kyaggwe Block 94 Plot 470 land at Buddugala until the determination of Civil Suit No. 045 of 2021.
  • The costs of this application shall abide the final outcome of Civil Suit No. 045 of 2021.