Wakilii

Davanti Union Limited v Commissioner Land Registration (Misc. Application No. 262 of 2014)

High Court · [2014] UGHCLD 107 · 2014 Injunction Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising out of Miscellaneous Cause No. 16 of 2014, heard exparte after respondent failed to appear
Decision
Temporary injunction granted pending final disposal of the main application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a temporary injunction restraining the Commissioner Land Registration from cancelling the applicant's registration as proprietor pending disposal of the main application. The applicant established a prima facie case by showing ownership through a purchase agreement, payment of consideration, and registration. The respondent's failure to respond to formal requests to remove a caveat or provide reasons for intending to cancel the title, combined with the Commissioner's duty to exercise powers in accordance with natural justice principles, satisfied the requirements for interim relief.

Outcome

Temporary injunction granted pending final disposal of the main application

Facts

The applicant purchased property comprised in Kyaggwe Block 107 Plot 1016 from Tony Kipoi Nsubuga on 21 August 2013, paying the full purchase price at execution. After lodging the transfer instrument with the Mukono titles office, the transfer was not entered. On 19 December 2013, the applicant discovered the land was encumbered by a caveat lodged by R.L. Jain. On 10 January 2014, the applicant formally requested removal of the caveat through lawyers. The Registrar of Titles declined and informed the applicant that all records and titles for the suit property had been handed to the Commissioner Land Registration for cancellation. The applicant wrote again on 20 February 2014 objecting to the Commissioner's custody of the register and refusal to act on the formal application. The respondent did not respond to correspondence. The applicant filed Miscellaneous Application No. 16 of 2014 seeking an order to summon the respondent to show cause for her refusal to carry out her duties, then filed the present application for temporary injunction.

Issues

  1. Whether the applicant satisfied the conditions for grant of a temporary injunction.
  2. Whether the applicant established a prima facie case with probability of success.
  3. Whether the applicant would suffer irreparable damage if the injunction was denied.

Orders

  • Application allowed.
  • Temporary injunction issued restraining the respondent, whether by herself or subordinates or agents from cancelling the applicant's registration as proprietor of Kyaggwe Block 107 Plot 1016 until final disposal of Miscellaneous Application No. 16 of 2014.
  • Costs of this application shall abide the outcome of the main application.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Prima Facie Case — Standard of Proof Required
A prima facie case is not necessarily a tight case but one in which the court need only be satisfied that there is a serious question to be tried. The applicant is required to show a prima facie case and a probability of success but not success.
Administrative Law — Commissioner Land Registration — Exercise of Powers — Duty to Observe Natural Justice
Under section 91 of the Land Act, the Commissioner Land Registration is empowered to carry out actions including cancellation of certificates of title. However, she must exercise such powers with due regard to the principles of natural justice after giving notice and reasons for such cancellation and giving the affected proprietor the right to be heard.
Civil Procedure — Temporary Injunctions — Purpose — Preservation of Status Quo
The purpose of an injunction is to preserve the status quo in respect of the matter in dispute until determination of the whole dispute. It is important for the court and the litigants to be given time and space to exhaustively handle the matters in issue in the main suit with no interference by the respondent or her agents.

Legislation cited (3)

Cases cited (6)

  • American Cyanamid Co. v Ethicon Ltd [1975] AC 396
  • Francis Babumba and 2 Others v Erisa Bunjo (HCCS No. 697 of 1999)
  • Robert Kavuma v M/s Hotel International (SCCA No. 8 of 1990)
  • Prof. Peter Anyang Nyongo & Others v The Attorney General of Kenya & Others (East African Court of Justice Case Ref. No. 1 of 2006)
  • E.L.T. Kiyimba Kaggwa v Haji A.N. Kateride (1985) HCB 43
  • Commodity Trading Industries v Uganda Maize Industries and Another [2001-2005] HCB 118

Full judgment

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

Davanti Union Limited v Commissioner Land Registration (Misc. Application No. 262 of 2014) [2014] UGHCLD 107 (24 June 2014)
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.