Jotena (U) Ltd v Commissioner Land Registration (Miscellaneous Cause No. 43 of 2011)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted the temporary injunction after the respondents failed to appear despite service. The applicant demonstrated a prima facie case with probability of success and risk of suffering irreparable damage not compensable by monetary award if the injunction were refused pending final determination of the main suit.
Outcome
Temporary injunction granted pending full hearing of the main suit
Facts
The applicant claimed ownership and use of approximately 7 acres of land at Mutugga Lwadda A. The respondents allegedly trespassed on the land and threatened to evict the applicant and demolish structures. A civil suit concerning the land was pending before the court. The applicant sought a temporary injunction to preserve the status quo until the main suit was determined. The respondents were served with court process but did not file affidavits in reply nor appear at the hearing. A Member of Parliament lodged a complaint alleging the respondents had not been properly served, but court records showed an affidavit of service had been filed.
Issues
- Whether the applicant satisfied the conditions for granting a temporary injunction restraining the respondents from entering or using the disputed land.
Orders
- Temporary injunction granted restraining the respondents from entering upon the suit land at Mutugga Lwadda A, threatening, evicting, or in any way interrupting the plaintiff's use of the suit land measuring approximately 7 acres and/or demolishing any erected structures or buildings until the main suit is heard and finally disposed of.
- No order as to costs.
Rules and key headnotes
Legislation cited (3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.