Bwete v Uganda Consolidated Properties Limited & Another (Civil Suit 197 of 1992)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An application for temporary injunction under Order 37 Rule 2 of the Civil Procedure Rules is misconceived and must fail where the substantive suit claims only a declaration of property ownership and damages in the alternative, but does not include a prayer for injunctive relief. Rule 2 is applicable only where the plaint itself claims an injunction or includes injunctive relief as a head of claim.
Outcome
Application for temporary injunction dismissed on procedural grounds
Facts
The plaintiff Tom Bwete claimed ownership of property comprised in leasehold Register Volume 324 Folio 6A/B, Plot 6 Hill Lane, Kololo. He alleged he purchased the property in 1989 but neither had it transferred to him nor lodged a caveat. The first defendant Uganda Consolidated Properties Ltd and the second defendant Wamiko Construction (U) Ltd both denied the plaintiff's ownership. The second defendant was the registered proprietor of the suit property. The plaintiff filed an interlocutory application under Order 37 Rules 2 and 9 of the Civil Procedure Rules seeking a temporary injunction to restrain the defendants from interfering with his title and possession. The substantive suit claimed a declaration that the plaintiff was owner of the disputed property, with an alternative claim for monetary damages. No injunction was claimed in the substantive suit.
Issues
- Whether a temporary injunction can be granted under Order 37 Rule 2 of the Civil Procedure Rules where the plaint does not claim an injunction but only a declaration of ownership and damages in the alternative.
Orders
- Application dismissed.
- Costs of the application awarded to the respondents.
Rules and key headnotes
Legislation cited (4)
Cases cited (6)
- John Katarikawe v W Katwiremu & Another (1977) HCB 187
- Ibrahim v Sheikh Bross [1973] EA 118
- Mustafa Ndigejjerawa v Isaka Kizito and Kubulamwana (1952-1956) 7 ULR 31
- Isaka S Wamala v GH Muguluma (1952-1956) 7 ULR 33
- Noor Mohamed Janmohamed v Kassanali Virji Madhani (1953) 20 EACA 8
- Rev Emmanuel Nsubuga & Rev Mubiru v The Buganda Government (High Court Civil Suit No. 142 of 1964)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.