Wakilii

Bwambale v Mwebesa (HCT-CV-MA 42 of 2022)

High Court · [2022] UGHCCD 238 · 2022 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Assistant Registrar's dismissal of application for temporary injunction
Decision
Matter remitted to Assistant Registrar for fresh hearing with directions to conduct pre-trial locus visit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the appeal and set aside the Assistant Registrar's ruling dismissing the application for a temporary injunction. The court held that where there is conflicting evidence as to who is in possession of land, a pre-trial locus visit must be conducted to establish the status quo before determining an application for a temporary injunction. The matter was remitted for fresh hearing with directions for a locus visit.

Outcome

Matter remitted to Assistant Registrar for fresh hearing with directions to conduct pre-trial locus visit

Facts

The appellant filed an application for a temporary injunction restraining the respondent from evicting her from suit land or interfering with her possession pending determination of the main suit. The Assistant Registrar dismissed the application on grounds that the applicant was in possession, there was no actual threat of eviction, no irreparable damage would be suffered, and the balance of convenience favoured the respondent. The appellant appealed, contending that the respondent had not filed an affidavit in reply, that she had presented evidence of threat of eviction and damage to the land, and that her crops had been uprooted and the land excavated for aggregate and murram. The respondent opposed, asserting he was legally in occupation by virtue of court orders dated 15 July 2016 and 5 October 2016 placing him in possession, and that the appellant was a trespasser. There was conflicting evidence as to who was actually in possession of the suit land.

Issues

  1. Whether the Appellant's appeal has merit.
  2. What remedies are available to the parties.

Orders

  • The ruling of the learned Assistant Registrar in Miscellaneous Application No. 26 of 2022 and the orders therein are set aside.
  • Miscellaneous Application No. 26 of 2022 shall be heard afresh between the parties.
  • The learned Assistant Registrar should conduct a pre-trial locus to independently establish the status quo before re-hearing and determining the application for a temporary injunction.
  • Each party shall bear their own costs.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Establishing Status Quo — Necessity of Pre-Trial Locus Visit
Before granting a temporary injunction to maintain the status quo, the court must have clear evidence of the prevailing status or ascertain the prevailing status of the subject matter. Where there is conflicting evidence as to who is in possession of land, it is desirable to conduct a pre-trial locus visit to inform the decision of court.
Civil Procedure — Temporary Injunctions — Purpose and Function
The court's duty in granting a temporary injunction is only to preserve the existing situation pending the disposal of the substantive suit. In exercising this duty, the court does not determine the legal rights to property but merely preserves it in its actual condition until legal title or ownership can be established or declared.
Civil Procedure — Appeals from Registrar — Order 50 Rule 8
Order 50 Rule 8 of the Civil Procedure Rules allows any person aggrieved by an order of a registrar to appeal from the order to the High Court.

Legislation cited (3)

Cases cited (1)

  • Ndema Emanzi Rukandema v Mubiru Henry (Family Division MA No. 225 of 2013)

Full judgment

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

Bwambale v Mwebesa (HCT-CV-MA 42 of 2022) [2022] UGHCCD 238 (7 November 2022)
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.