Aliganyira Ya Kobo Kyomya v Trustees of Hoima Catholic Diocese (Civil Application No. 273 of 2015)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The applicant sought an injunctive order to restrain certain persons, including family members, from subdividing and wasting suit land pending disposal of a civil appeal. The court found that the persons allegedly alienating the land were not parties before it and the respondent was not involved in the alleged alienation. The court held it could not issue an order against persons who are not before it, as this would contravene their right to be heard, and that it is not a trial court. The proper course was to sue the alleged wrongdoers in a competent court. The application was misconceived and dismissed with costs to the respondent.

Outcome

Application dismissed with costs to the respondent

Facts

The applicant sought an injunctive order from the Court of Appeal to restrain certain persons, some of whom were his family members, from continuing to distribute, subdivide and waste the suit land before disposal of Civil Appeal No. 49 of 2014 between the applicant and the respondent. Counsel for the applicant conceded that the respondent was not party to the alleged alienation of the land. The persons allegedly carrying out the alienation were not parties before the court.

Issues

1. Whether the Court of Appeal could issue an injunctive order against persons who are not parties to the proceedings before it.
2. Whether the application was properly brought before the Court of Appeal.

Orders

• Application dismissed.
• Costs to the Respondent.

Rules and key headnotes

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