Wakilii

Byensi & Ors v The Commissioner for Land Registration & Ors (Misc. Application No. 001 of 2016)

High Court · [2018] UGHCLD 18 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from Civil Suit No. 869 of 2015
Decision
Application for temporary injunction dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application for a temporary injunction failed because the applicants did not prove irreparable injury not compensatable by damages. The allegations of intended disposal of the suit property remained speculative with no independent evidence. The balance of convenience favoured the respondents as any loss from disposal of land is capable of being atoned for by damages, and granting the injunction would drastically change the status quo without the applicants having established their rightful claims.

Outcome

Application for temporary injunction dismissed

Facts

The applicants sought a temporary injunction arising from Civil Suit No. 869 of 2015. The 1st applicant, who was also a director of the 4th respondent, deposed that the respondents intended to transfer ownership of the suit property to an unknown person or entity. The application was opposed by the 2nd respondent who stated in affidavit that the matters were contentious and had already been considered under Misc. Cause No. 789/2014 arising from Originating Summons No. 232 of 2014. The 2nd respondent also deposed that the suit property being land had a value capable of ascertainment and any loss from disposal could be atoned for by damages. No affidavit in rejoinder was filed by the applicants.

Issues

  1. Whether the applicants established a prima facie case with probability of success.
  2. Whether the applicants would suffer irreparable injury not adequately compensatable by damages.
  3. Whether the balance of convenience favoured the grant of a temporary injunction.

Orders

  • Application dismissed.
  • Costs to abide in the main cause.

Rules and key headnotes

Temporary Injunctions — Test for Grant — Prima Facie Case, Irreparable Injury, Balance of Convenience
For a temporary injunction to be granted, the applicant must prove: (1) there is a prima facie case with a probability of success; (2) there is irreparable injury that cannot be adequately compensated for in damages; and (3) the balance of convenience is in favour of the applicant.
Temporary Injunctions — Irreparable Injury — Need for Evidence Beyond Speculation
A court cannot grant a temporary injunction based on speculative allegations of intended disposal of property where no independent evidence is led to prove the allegations and they remain merely speculative with no scintilla of evidence upon which the court can evaluate the alleged injury.
Temporary Injunctions — Land Disputes — Adequacy of Damages
Where the suit property is land, its value is capable of ascertainment and any loss arising from its disposal or transfer is capable of being atoned for by way of damages, such that irreparable injury is not established.
Temporary Injunctions — Balance of Convenience — Preservation of Status Quo
Where granting an injunction would drastically change the status quo by affecting the respondent's occupation of suit land and the applicant has not yet established his rightful claims, the balance of convenience favours the respondent and the court cannot issue orders to stop a speculation which has not yet occurred.

Cases cited (1)

  • Kiyimba Kaggwa v Hajji Abdu Nasser Katende [1985] HCB 43

Full judgment

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

Byensi_&_Ors_v_The_Commissioner_for_Land_Registration_&_Ors_(Misc._Application_No._001_of_2016)_[2018]_UGHCLD_18_(5_March_2018)
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.