Emorani v Nakendo & 2 Ors (Misc. Application No. 478 of 2014)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court granted a temporary injunction restraining the respondents from further dealings with land in Kyaggwe Block 115 Plots 3242 and 3243. The applicant established a prima facie case concerning alleged unauthorized subdivisions and transfers of suit land originally measuring six acres. The court found the applicant would suffer irreparable injury given the prime location and substantial value of the property. The injunction preserved the status quo pending final determination of ownership and fraud claims in the main suit.

Outcome

Temporary injunction granted pending determination of the main suit

Facts

The applicant claimed that Emorani Investments Ltd, where he is Managing Director, purchased six acres in Kyaggwe Block 115 Plot 2985 land at Mukono and orally assigned the benefit to him. He entrusted the first respondent with coordinating survey and obtaining title. Before survey was completed, he sold three acres to the second and third respondents (parents of the first respondent). The applicant alleged that without his knowledge or consent, the first respondent surveyed off three acres for herself, subdivided them into one-acre and two-acre plots, and transferred them to third parties including her sister-in-law and husband. The respondents denied the claims, with the first respondent asserting she received transfer from the registered proprietor, and the third respondent counterclaiming for specific performance of the contract for the three acres she had purchased from the applicant.

Issues

1. Whether the applicant established a prima facie case with a probability of success.
2. Whether the applicant would suffer irreparable injury if the temporary injunction were not granted.
3. Whether the status quo should be preserved pending determination of the main suit.

Orders

• A temporary injunction order does issue against the respondents restraining them, their assignees, servants or agents from selling, disposing off, alienating or any other dealings in Kyaggwe Block 115 Plots 3242 and 3243 (formerly part of Plot 2985) at Mukono until final determination of the main suit.
• The certificates of title for all subdivisions out of Block 115 Plot 2985 should be deposited with the Registrar of this court for the duration of the temporary injunction order within five days of this order.
• The applicant is granted costs of this application.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules Order 41 rules 1, 2, 7, 8 and 9
• Civil Procedure Act s.98

Cases cited (6)

• American Cyanamid Co v Ethicon Ltd [1975] AC 396
• Godfrey Sekitoleko and Others v Seezi Mutabazi [2001-2005] HCB Vol 3 at 80
• Francis Kanyanya v Diamond Trust Bank (HCCS No. 300 of 2000)
• Kiyimba Kaggwa v Hajji Nassar Katende (1988) HCB 43
• Commodity Trading Industries v Uganda Maize Industries and Another [2001-2005] HCB 118
• Faridah Nantale v Attorney General and 5 Others (HCMA No. 630 of 2013)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Kisakye v Ameu and Another (Miscellaneous Application No. 142 of 2022)
• Ochom v Etyang (Miscellaneous Application 187 of 2021)

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