Wakilii

Kasoma v MubendeMunicipal Council and 2 Others (Miscellaneous Application 71 of 2024)

High Court · [2024] UGHC 195 · 2024 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 and land recovery
Decision
Temporary injunction granted pending disposal of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

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

Court granted a temporary injunction restraining respondents from constructing a road through applicant's land. Application was unopposed as respondents failed to file an affidavit in reply within the time allocated. Court found the destruction of rare flora and fauna could not be atoned for in damages, and the balance of convenience favoured the applicant.

Outcome

Temporary injunction granted pending disposal of the main suit

Facts

The applicant is a beneficiary and administrator of the estate of late Charles Kyeyune, registered on the certificate of title for land comprised in Buwekula Block 335 Plot 36, land at Bugalya in Mubende District. The respondents embarked on constructing a road through her land, in the process massively cutting trees and food crops. The applicant filed Civil Suit No. 23 of 2024 seeking declarations that the respondents' actions were illegal and amounted to trespass, together with orders for recovery of the land, a permanent injunction, and general damages. The present application sought a temporary injunction to halt the road construction pending disposal of the main suit. Respondents were served on 21 March 2024 and granted time to file an affidavit in reply by 3 April 2024, but failed to do so. The Court Registrar visited the locus and reported wanton destruction of rare flora and fauna.

Issues

  1. Whether the applicant is entitled to a temporary injunction restraining the respondents from constructing a road through her land pending the disposal of the main suit.

Orders

  • A temporary injunction is granted restraining the Respondents and/or their agents/servants from carrying out any further construction of a road on the Applicant's land.
  • The Respondents are restrained from cutting trees or any crops on the Applicant's land until Civil Suit No. 23 of 2024 is finally disposed of by the court.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Unopposed Applications
Where a respondent fails to file an affidavit in reply within the time allocated by the court, the presumption is that the respondent does not oppose the application, and the court may grant the orders sought if the application bears merit.
Civil Procedure — Civil Procedure Rules — Order 17 rule 4 — Failure to Prosecute
Under Order 17 rule 4 of the Civil Procedure Rules, the court can proceed to conclude any matter in which the parties have not moved their cases within the time allocated to them for performing any necessary act.
Land & Property — Temporary Injunctions — Balance of Convenience — Irreparable Harm
Where the respondent's actions point to wanton destruction of rare flora and fauna which cannot be atoned for in damages, the balance of convenience tilts in favour of granting a temporary injunction to the applicant.

Legislation cited (1)

Cases cited (2)

Full judgment

↓ Download PDF

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

Kasoma v MubendeMunicipal Council and 2 Others (Miscellaneous Application 71 of 2024) [2024] UGHC 195 (8 April 2024)
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.