Wakilii

Cissy Namuli Buwembo v Nabaka Jesca Nyombi ( Miscellaneous Application No. 316 of 2009 ) (Miscellaneous Application No. 316 of 2009)

High Court · [2009] UGHC 101 · 2009 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from civil suit for trespass
Decision
Temporary injunction granted pending determination of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for temporary injunction granted exparte where respondent acknowledged service but filed no reply. Court found applicant established prima facie case with high probability of success in underlying trespass suit, balance of convenience favoured grant, and irreparable harm would result if respondent continued to subdivide disputed land pending determination of main suit.

Outcome

Temporary injunction granted pending determination of the main suit

Facts

The applicant filed Civil Suit No. 134 of 2009 in May 2009 for trespass on land comprised in Kibuga Block 11 Plot 85 at Kabowa, Kampala District. The respondent was allegedly entering and subdividing the applicant's land into plots with intention to sell. The applicant applied for a temporary injunction to restrain such conduct pending determination of the main suit. The respondent's counsel acknowledged receipt of the application but filed no affidavit in reply. The application therefore proceeded exparte with the applicant's evidence standing unchallenged.

Issues

  1. Whether the applicant satisfied the conditions for the grant of a temporary injunction.

Orders

  • Temporary injunction granted restraining the respondent, her agents, transferees, assignees, successors in title or any person claiming under or a similar interest from entering and subdividing into plots with intention to sell the applicant's land comprised in Kibuga Block 11 Plot 85 at Kabowa, Kampala District until the main suit is heard and determined on its merits.
  • Costs of the application to abide the results of the main suit.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Grant Where Respondent Files No Reply
Where an application for temporary injunction is duly served and the respondent acknowledges receipt but files no affidavit in reply, the application proceeds exparte and the applicant's unchallenged affidavit evidence is accepted as proving the grounds for the grant of the injunction.
Civil Procedure — Temporary Injunctions — Conditions for Grant
A temporary injunction will be granted where the applicant establishes a prima facie case with high probability of success, the balance of convenience favours the grant, and the suit would be rendered nugatory if the injunction is not granted.

Legislation cited (2)

Full judgment

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Cissy Namuli Buwembo v Nabaka Jesca Nyombi ( Miscellaneous Application No. 316 of 2009 ) (Miscellaneous Application No. 316 of 2009) [2009] UGHC 101 (30 September 2009)
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.