Wakilii

Firdoshali Madatali Keshwani Habib and Another v The Departed Asians Property Custodian Board and Another (Miscellaneous Application No. 652 of 2018)

High Court · [2018] UGHCCD 256 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim injunction pending determination of substantive application for temporary injunction arising from judicial review proceedings
Decision
Interim injunction granted pending hearing of main application for temporary injunction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

An interim injunction was granted restraining the respondents from disposing of, transferring, or taking possession of land comprised in FRV 60 Folio 5 Plot 42 Kampala Road pending determination of the main application for temporary injunction. The court found that a substantive application for temporary injunction was pending and that there was a real threat of disposal of the property to a third party, which would render the main application nugatory.

Outcome

Interim injunction granted pending hearing of main application for temporary injunction

Facts

The applicants are registered proprietors of land comprised in FRV 60 Folio 5, Plot 42 Kampala Road. They had been in quiet possession since 1992 until 2018 when the first respondent allocated the property to Salim Ssemanda. The applicants filed judicial review proceedings seeking permanent injunction and a main application for temporary injunction. They then filed this application for an interim injunction pending determination of the main temporary injunction application, alleging that the first respondent had commenced the process of selling or disposing of the suit property through private treaty to Salim Ssemanda. Evidence showed that the land had been temporarily allocated to Salim Ssemanda and preparation for its disposal had commenced.

Issues

  1. Whether the applicants are entitled to an interim order of injunction pending determination of the main application for temporary injunction.
  2. Whether there is a pending substantive application that could be rendered nugatory if the interim order is not granted.
  3. Whether there is an imminent threat to dispose of the suit property before the substantive application is heard.

Orders

  • Interim order of injunction granted restraining the respondents, their servants, workers, agents or any person deriving title or authority or acting under them from disposing of, transferring, taking over possession of, vandalizing, demolishing, alienating or doing any other act in respect of land comprised in FRV 60 Folio 5 Plot 42 Kampala Road pending determination of the main application.
  • Costs of the application to be in the cause.

Rules and key headnotes

Interim Injunctions — Test for Grant — Pending Substantive Application and Imminent Threat
For an interim order of injunction to be granted, it suffices to show that a substantive application is pending and that there is a serious threat of execution or disposal before the hearing of the pending substantive application, without the need to pre-empt consideration of matters necessary in deciding the substantive application.
Interim Orders — Purpose — Preservation of Status Quo
The granting of interim orders is meant to help parties preserve the status quo and have the main issues between them determined by the full court, with the court's duty being only to preserve the existing situation pending disposal of the substantive suit without determining legal rights to property.

Legislation cited (3)

Cases cited (3)

  • Yakobo Sekungu and Others v Crensio Mukasa (Civil Application No. 05 of 2013)
  • Hon JM Muhwezi v Attorney General (Constitutional Court Miscellaneous Application No. 18 of 2007)
  • Hwan Sung Industries Ltd v Tajdin Hussein and 2 Others (Civil Application No. 19 of 2008)

Full judgment

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

Firdoshali Madatali Keshwani Habib and Another v The Departed Asians Property Custodian Board and Another (Miscellaneous Application No. 652 of 2018) [2018] UGHCCD 256 (22 November 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.