Wakilii

Lena Nakalema v Christopher Mubiru and Others (Miscellaneous Application No. 1505 of 2022)

High Court · [2022] UGHCLD 196 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for temporary injunction arising from pending civil suit concerning land ownership
Decision
Temporary injunction granted preserving status quo of land register pending determination of main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a temporary injunction restraining the Commissioner for Land Registration and the respondents from effecting changes to the land register pending determination of the main suit. The court held that where a serious question concerning land ownership is pending before the court and the Commissioner has been notified, the Commissioner must refrain from amending the register to avoid violating the sub judice rule and contempt of court process.

Outcome

Temporary injunction granted preserving status quo of land register pending determination of main suit

Facts

The applicant was registered as proprietor of land comprised in Kyadondo Block 264, Plots 72 and 87-93, 125-126 (formerly Plot 74) at Mutundwe. The 1st to 5th respondents filed Civil Suit No. 1169 of 2021 claiming to be the rightful owners and alleging that the applicant's registration was fraudulent and in breach of trust. They sought cancellation of the applicant's registration. While the suit was pending, the respondents commenced parallel proceedings before the 6th respondent (Commissioner for Land Registration) seeking the same relief. On 9 September 2022, the Commissioner issued a notice of intention to cancel the applicant's titles and invited parties to a hearing on 5 October 2022. Despite being notified of the pending court proceedings, the Commissioner proceeded with the parallel administrative process. The applicant filed this interlocutory application seeking temporary injunction to preserve the status quo pending determination of the main suit.

Issues

  1. Whether the application satisfies the conditions for the grant of a temporary injunction.
  2. Whether an interlocutory application for temporary injunction should be brought before the Registrar or a Judge.
  3. Whether a temporary injunction can lie against the Commissioner for Land Registration performing a statutory function.

Orders

  • A temporary injunction is issued restraining the respondents and the Commissioner for Land Registration, their agents or any person acting under their authority from proceeding to deal with or make changes in the Register Book by cancelling out the registration of the applicant and the interested party from land comprised in Kyadondo Block 264 Plot 72 & 87, 88, 89, 90, 91, 92, 93, 125 and 126 (formerly 74) at Mutundwe until the final disposal of Civil Suit No. 1169 of 2021 or until further orders of the Court.
  • An order is issued preserving and/or maintaining the status quo of the Register Book for the land comprised in Kyadondo Block 264 Plots 72 & 87, 88, 89, 90, 91, 92, 125 and 126 (formerly 74) at Mutundwe until the final disposal of Civil Suit No. 1169 of 2021 or until further orders of the Court.
  • The costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Jurisdiction — Registrar versus Judge
The power vested in the Registrar under Order 11A Rule 7 of the Civil Procedure Rules to handle interlocutory applications does not take away the inherent jurisdiction of the High Court to handle such applications.
Civil Procedure — Temporary Injunctions — Injunctions Against Government Entities
The High Court has power to issue a temporary injunction against the Commissioner for Land Registration in respect of land registration matters pending before the court.
Civil Procedure — Affidavits in Reply — Consequences of Failure to File
Where a respondent fails to file an affidavit in reply to an application, the facts sworn to in the affidavit in support of the application are deemed to have been accepted as the truth.
Civil Procedure — Temporary Injunctions — Conditions for Grant
The conditions for the grant of a temporary injunction are: first, the applicant must show that there is a serious question to be tried in the main suit; secondly, such injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury which would not be adequately compensated by an award of damages; thirdly, if the court is in doubt, it will decide an application on the balance of convenience.
Land & Property — Land Registration — Commissioner for Land Registration — Duty to Respect Sub Judice Rule
Having been put on notice that a matter concerning land ownership is pending determination in court, the Commissioner for Land Registration ought to exercise diligence and caution by refraining from dealing with the register in any way whatsoever, as such action would violate the principles that underpin the sub judice rule and be contemptuous of due court process.
Judicial Review — Administrative Action — Parallel Proceedings — Sub Judice Rule
Where parties have commenced proceedings in court on a matter and simultaneously initiate parallel administrative proceedings before a statutory body seeking the same relief, the court may restrain the administrative proceedings to preserve the integrity of the court process and prevent the suit from being rendered moot or nugatory.

Legislation cited (11)

Cases cited (10)

  • Isaiah Kalanzi and Another v Attorney General and 2 Others (Miscellaneous Application No. 659 of 2021)
  • Mucunguzi Myers v Sarah Kulata Basangwa and The Commissioner for Land Registration (Miscellaneous Application No. 1329 of 2014)
  • Sudhir Ruparelia v Crane Bank Uganda Ltd (In Receivership) and Bank of Uganda (Supreme Court Civil Appeal No. 39 of 2020)
  • Alcon International Ltd v The New Vision Printing & Publishing Co Ltd and The Editor in Chief New Vision & Sunday Vision (Supreme Court Civil Appeal No. 04 of 2010)
  • Mayers & Anor v. Akira Ranch Ltd [1972] 1 EA 347
  • Joseph Sekitoleko v Ziribagwa (Miscellaneous Application No. 540 of 2013)
  • Muwonge Lubega v Attorney General (Constitutional Application No. 07 of 2012)
  • Gastervus Muwanga and 3 Others v Zzimbe and Another (Miscellaneous Cause No. 146 of 2020)
  • Kiyimba Kaggwa v. Katende [1985] HCB 43
  • American Cyanamid Co v. Ethicon Ltd [1975] 1 All ER 505

Full judgment

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

Lena_Nakalema_v_Christopher_Mubiru_and_Others_(Miscellaneous_Application_No._1505_of_2022)_[2022]_UGHCLD_196_(23_September_2022)
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.