Wakilii

Akolebirungi Kemigisa Gorret v William George Kawooya and Others (Miscellaneous Application No. 2915 of 2024)

High Court · [2025] UGHCLD 157 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from civil suit for declaration of ownership and cancellation of fraudulent land registration
Decision
Temporary injunction granted pending determination of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant established a prima facie case showing fraudulent registration and alienation of her land, and that she would suffer irreparable injury if the respondents continued to sell and develop the suit land. Temporary injunction granted to preserve the status quo pending determination of the main suit.

Outcome

Temporary injunction granted pending determination of the main suit

Facts

The applicant claimed ownership of land comprised in Kyadondo Block 94 Plot 89 at Kata, Nangabo, Wakiso District. She alleged that the 1st respondent fraudulently applied for a special certificate of title on her land and transferred it to the 2nd respondent without her knowledge or consent. She lodged a caveat on 27 June 2019, which was allegedly fraudulently removed by the 1st and 2nd respondents. The Commissioner Land Registration subsequently lodged a caveat stopping fraudulent entries. Despite this, the 4th to 54th respondents were allegedly selling portions of the land and building illegal structures on it. The applicant sought a temporary injunction to restrain further alienation and development pending determination of the main suit for declaration of ownership and cancellation of fraudulent registration.

Issues

  1. Whether there is a prima facie case with a probability of success.
  2. Whether the applicant will suffer irreparable injury which would not adequately be compensated by an award of damages.

Orders

  • A temporary injunction is issued restraining the Respondents, their agents, servants, assignees, legal representatives or any person acting under them from transacting in, alienating, selling and/or disposing of any portion of the suit land comprised in Kyadondo Block 94 Plot 89 land at Kata, Nangabo, Wakiso District, until the disposal of the main suit.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Conditions for Grant
A temporary injunction may be granted where the applicant establishes: (i) a prima facie case with a probability of success; (ii) that the applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages; and (iii) where the court is in doubt, that the balance of convenience favours the grant.
Civil Procedure — Temporary Injunctions — Prima Facie Case
To establish a prima facie case for a temporary injunction, the applicant need only show that there are serious questions to be tried and that the action is not frivolous or vexatious. The court does not examine the merits of the case at the interlocutory stage.
Civil Procedure — Affidavits — Effect of Failure to Reply
Where facts are sworn in an affidavit and are not denied or rebutted by the opposite party, the presumption is that such facts are accepted. Failure to file affidavits in reply when duly served is a clear indication that the respondent does not intend to challenge the application.
Land & Property — Fraudulent Registration — Temporary Injunction to Preserve Status Quo
Where an applicant alleges fraudulent registration and transfer of her land and demonstrates that third parties are alienating portions of the land, a temporary injunction will be granted to preserve the status quo and prevent the main suit from being rendered nugatory.

Legislation cited (5)

Cases cited (5)

  • Kiyimba Kaggwa v Hajji Abdul Nasser Katende (HBC 43 of 1985)
  • Jakisa and 2 Others v Kyambogo University (Miscellaneous Application No. 549 of 2013)
  • American Cyanamid Company Ltd v Ethicon [1975] All ER 504
  • Makune James and 2 Others v Balikarara Joseph and Another (Civil Appeal No. 0091 of 2022)
  • Samwiri Mussa v Rose Achen (1978 HCB 297)

Full judgment

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

Akolebirungi_Kemigisa_Gorret_v_William_George_Kawooya_and_Others_(Miscellaneous_Application_No._2915_of_2024)_[2025]_UGHCLD_157_(30_July_2025)
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.