Wakilii

Aida Rukumbagaza v Keith Rukumbagaza Kanziira (HCT-05-CR-MA-0074-2005 ) (HCT-05-CR-MA-0074-2005)

High Court · [2005] UGHC 117 · 2005 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from pending civil suit
Decision
Temporary injunction granted pending disposal of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a temporary injunction should be granted to maintain the status quo where there is a pending suit and the applicant faces irreparable injury from excavation and brick-making activities on the suit land that would render it unsuitable for habitation and grazing.

Outcome

Temporary injunction granted pending disposal of the main suit

Facts

The applicant Aida Rukumbagaza brought an application for a temporary injunction arising from Civil Suit No. 113 of 1999 which remained pending. The first respondent Keith Rukumbagaza is the applicant's husband. The applicant sought to restrain the respondents from dealing with land comprised in LRV 1862 Folio 17 at Kashari Kacerere, Rwanyamahembe, Mbarara District. The first respondent was about to transfer the suit land to the second respondent. Preparations were being made to dig up the land and make bricks. The suit land was used for grazing cattle and growing food crops. Both respondents were served but did not respond or attend court. The hearing proceeded ex parte.

Issues

  1. Whether a temporary injunction should be granted to restrain the respondents from dealing with the suit land pending disposal of the main suit.

Orders

  • Temporary injunction granted restraining the respondents, their agents or any person claiming authority under them from damaging, alienating, settling, transferring, occupying or otherwise carrying out any transaction in respect to the land comprised in LRV 1862 Folio 17 land at Kashari Kacerere, Rwanyamahembe, Mbarara District until the hearing and disposal of Civil Suit No. 113 of 1999.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Injunctions — Temporary Injunction — Grounds for Grant
The main objective of granting a temporary injunction is to maintain the status quo and in determining whether to maintain the status quo the court must consider the existence of a pending suit and the likelihood of irreparable injury to the applicant.
Civil Procedure — Injunctions — Irreparable Injury — Definition
Irreparable injury is substantial injury which cannot be adequately remedied or atoned for by damages.
Land & Property — Protection of Land — Excavation and Brick-Making
Where excavation of earth and brick-making activities on suit land would leave ugly big pits, cause the applicant to miss the extracted soil, and render the land unsuitable for habitation and grazing, such activities constitute irreparable injury justifying grant of a temporary injunction.

Legislation cited (2)

Cases cited (1)

  • Doreen Kalema v National Housing and Construction Corporation [1987] HCB 73

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Aida Rukumbagaza v Keith Rukumbagaza Kanziira (HCT-05-CR-MA-0074-2005 ) (HCT-05-CR-MA-0074-2005) [2005] UGHC 117 (24 June 2005)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.