Senyonjo v Delta Petroleum (Uganda ) Limited (Civil Application No. 648 of 2022)

The full judgment

Read the complete, verbatim text of this judgment.

Holding

The single Justice held that an interim order of injunction may be granted where there is a competent notice of appeal, a pending substantive application, and a serious threat of execution. The respondent failed to adduce evidence that the applicant's notice of appeal had been withdrawn, and a substantive application (Civil Application No. 676 of 2022) was pending. The respondent's demand letter and the transfer of the land title into the respondent's names amounted to a serious and imminent threat of execution. Finding all conditions satisfied, the court granted the interim injunction restraining the respondent from dealing with the suit property until final disposal of the substantive application.

Facts

The respondent sued the applicant in the High Court at Jinja (Civil Suit No. 69 of 2012) seeking declarations that it was the lawful owner of land comprised in LRV 1456 Folio 8, Plot 81 Block 530 Mukono, and that Nsubuga Robert was a duly authorised agent with power to sell and transfer. Judgment was entered for the respondent. The applicant's appeal (Civil Appeal No. 20 of 2017) was filed out of time, prompting an application (Civil Application No. 325 of 2017) for extension of time, which remained unheard. Meanwhile the respondent extracted a decree, caused removal of caveats, transferred the land title into its names, and obtained a warrant for vacant possession. The applicant alleged the respondent fraudulently purchased the property using a forged power of attorney and was threatening eviction and sale to third parties. The applicant filed a substantive application for injunction (No. 676 of 2022) and the present application for an interim injunction. The respondent contended there was no competent pending appeal or notice of appeal, the appeal having been withdrawn before the Registrar.

Issues

1. Whether the applicant satisfied the conditions for the grant of an interim order of injunction pending determination of the substantive application.
2. Whether there was a competent notice of appeal, a pending substantive application, and a serious threat of execution.

Orders

• An interim order of injunction is issued restraining the respondent and its agents from evicting the applicant, carrying out construction, deploying security guards, alienating, disposing, mortgaging, wasting, selling, subdividing or otherwise interfering with the suit land to alter the status quo until final disposal of Civil Application No. 676 of 2022.
• The costs of this application shall abide the outcome of the substantive application for an order of injunction.
• The Registrar is directed to cause listing of Civil Application No. 676 of 2022 for hearing within 21 days from the date of this ruling.

Key headnotes

Legislation cited (4)

• Judicature (Court of Appeal Rules) Directions S.I 13-10 rule 6(2)(b)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 rule 2(1)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 rule 43(1) and (2)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 rule 2(2)

Cases cited (2)

• Hwan Sung Industries Ltd v Tajdin Hussein and 2 Others (Civil Application No. 19 of 2008)
• Zubeda Mohamed and Sadru Mohamed v Lalji Kaka Walji and Another (Civil Reference No. 07 of 2016)