Kyeswa Ben and Others v Bitawera Alex (Miscellaneous Application No. 64 of 2025)

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 Respondent from selling, leasing, or undertaking permanent structural developments on disputed ancestral land for ninety days. The Applicants established a prima facie case raising a serious question for trial regarding beneficial ownership within a family lineage, notwithstanding challenges to their locus standi. The court found risk of irreparable injury given the land's unique ancestral character containing family homes and burial grounds, and held that the balance of convenience favoured preservation of the status quo pending determination of the main suit.

Outcome

Temporary injunction granted for ninety days restraining alienation or material alteration of the suit land pending hearing of the main suit

Facts

The dispute concerns land comprised in Kyaggwe Block 117 Plot 7 measuring approximately twenty-seven acres, originally part of the estate of the late Daudi Kapalaga who died testate. The deceased's will distributed portions among his children including Kyesswa Benedicto Ssalongo, who died around 2000. The Applicants assert derivative entitlement within the Kyesswa lineage, claiming that following a 2022 family and local leaders' resolution, ten acres were allocated to the Kyesswa house and received by the Respondent in a representative capacity for the benefit of that lineage. The Applicants contend the Respondent has asserted exclusive ownership, denied them access, and allegedly commenced grading with a view to subdivision. The Respondent disputes these claims, challenges the Applicants' locus standi in the absence of letters of administration to Kyesswa Benedicto Ssalongo's estate, and maintains no destructive activity has occurred. The land is described as ancestral land containing family homes and burial grounds.

Issues

1. Whether the Applicants have established a prima facie case with a probability of success.
2. Whether the Applicants stand to suffer irreparable injury not compensable by damages.
3. Where the balance of convenience lies.

Orders

• The Respondent, his agents, servants and persons claiming under him are restrained from selling, leasing, transferring, mortgaging, alienating or undertaking any permanent structural developments on land comprised in Kyaggwe Block 117 Plot 7 for a period of ninety (90) days from the date of this ruling or until further orders of court, whichever occurs earlier.
• The Respondent or his agents shall not undertake grading or any activity that materially alters the character of the suit land pending determination of the main suit.
• The parties shall take immediate steps to ensure the expeditious hearing of HCCS No. 181 of 2024.
• Costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Legislation cited (1)

• Succession Act

Cases cited (2)

• Kiyimba Kaggwa v Haji Abdu Nasser Katende (Supreme Court Civil Appeal No. 7 of 1985)
• American Cyanamid Co. v Ethicon Ltd [1975] AC 396

Cases citing this judgment (1)

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.

• Kajungu Elias v Byaruhanga Ham (Miscellaneous Application No 6 of 2025)

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