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Ladera Nakate Bwaye and Another v Alideki Godfrey [2026] UGHC 295

High Court · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from Civil Suit No. 0137 of 2024, seeking to vary an existing injunction order to address rental collection from tenants on disputed property
Decision
Application partially granted with variation of existing temporary injunction to restrain respondent from collecting rent and directing deposit of rental income in court pending final determination of main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that where new facts emerge after a temporary injunction has been issued, the court has discretionary power under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules to review its own orders. The fact that tenants occupied the disputed premises was not disclosed at the locus visit, and the respondent had been collecting rent in breach of the existing injunction. The court varied the earlier injunction order to restrain the respondent from collecting rent and directed that all rental income be deposited in court pending final determination of the main suit.

Outcome

Application partially granted with variation of existing temporary injunction to restrain respondent from collecting rent and directing deposit of rental income in court pending final determination of main suit

Facts

The 2nd applicant purchased property comprised in Bulemezi Block 652, plot 517 from the 1st applicant, who is the widow and administrator of the estate of the late Bwaye Ereneo, for UGX 400,000,000 in the presence of nine beneficiaries. At the time of purchase, the property had tenants who were shown to the 2nd applicant as their new landlord. The respondent, who does not hold Letters of Administration for the estate, allegedly misrepresented himself as owner and continued collecting rent from the tenants. On 26th June 2025, the court issued a temporary injunction restraining both parties from dealing with the suit land pending determination of Civil Suit No. 0137 of 2024. During the locus visit, the Deputy Registrar observed that the property was vacant with no one in occupation. However, the applicants alleged that the respondent continued collecting rent from tenants in breach of the injunction. The applicants filed this application seeking to vary the injunction to specifically restrain rent collection and direct deposit of rental income in court.

Issues

  1. Whether an order of temporary injunction should be granted.
  2. Whether the application is res judicata given that a temporary injunction had already been issued by the court.
  3. What remedies are available to the parties.

Orders

  • The order of temporary injunction issued by the Deputy Registrar on 26th June 2025 is hereby maintained.
  • The said order shall continue to affect or restrain both parties from using the suit land in the terms prescribed in the said order of the Deputy Registrar dated 26th June 2025.
  • The said order of temporary injunction is slightly varied by adding an order restraining the respondent, his successors, assignees, agents, servants or workers and/or anyone else acting for and on his behalf from collecting rent directly from tenants on part of the premises comprised in Bulemezi Block 652, plot 517, Volume 2026, Folio 23, land at Kasana in Luwero District until the final determination of Civil Suit No. 0137 of 2024.
  • All monthly rental income forthwith shall be deposited in court pending the final determination of Civil Suit No. 0137 of 2024.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Power of Court to Review Own Orders — Emergence of New Facts
A court has discretionary power under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules to review its own orders where new facts arise that were not available to the court at the time of making the original decision, in order to ensure that substantive justice is administered without undue regard to technicalities.
Civil Procedure — Res Judicata — Application for Variation of Injunction Based on New Facts
An application to vary an existing temporary injunction based on new facts that were not disclosed to the court when the original injunction was granted is not res judicata, as the matter directly and substantially in issue is different from that decided in the former application.
Civil Procedure — Temporary Injunctions — Breach of Injunction Order — Collection of Rent
Where a temporary injunction restrains parties from renting out premises, the act of collecting rent from tenants on the premises constitutes a breach of and contempt of the court order, regardless of whether the tenants were in occupation before or after the injunction was issued.

Legislation cited (7)

Cases cited (9)

  • Geilla v Cassman Brown (1973) EA 353
  • American Cyanamid v Ethicon Ltd [1975] AC 396
  • Kiyimba Kaggwa v Hajji Abdu Nasser Katende (1985) HCB 43
  • Imelda Nalongo v Tereza Mwewulize (Miscellaneous Application No. 0402 of 2003)
  • Ponsiano Semakula v Susane Magala & Others (1993) KALR 213
  • Imaniraguha v Nkundiye (Civil Appeal No. 23 of 2005)
  • Byarubasika Ramadhan v Kiyaga Edward & Others (Miscellaneous Application No. 3152 of 2024)
  • Lt David Kabarebe v Major Prossy Nalweyiso (CACA No. 34 of 2003)
  • Godfrey Ssekitoleko & 4 Others v Seezi Peter Mutabazi & 2 Others (Court of Appeal Civil Appeal No. 65 of 2011)

Full judgment

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

Ladera Nakate Bwaye and Another v Alideki Godfrey 2026 UGHC 295 (31 March 2026)
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.