Bukera and 4 Others v Kabenge (Misc.Application No.O913 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application dismissed as overtaken by events. The status quo of the access road had changed after a perimeter wall was constructed and an alternative access road was put in place. The applicants were no longer using the disputed access road. A pending appeal would dispose of the substantive issues.
Outcome
Application dismissed as overtaken by events; pending appeal to dispose of substantive issues
Facts
The applicants sought suspension of two miscellaneous applications and a mandatory injunction to restore the status quo of an access road that was the subject of a civil appeal. By the time the application was filed, the respondent had constructed a perimeter wall, changing the status quo of the access road. An alternative access road had been put in place. The applicants were no longer using the disputed access road. A civil appeal was pending to determine the substantive issues.
Issues
- Whether the application for suspension of Misc. App No. 833 of 2023 and Misc. App No. 647 of 2023 should be granted.
- Whether a mandatory injunction should issue to restore the status quo of the access road.
Orders
- Application dismissed.
- Each party to bear their own costs.
Legislation cited (5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.