Wakilii

Lubulwa v Kanakulya and Others (Miscellaneous Application 59 of 2024)

High Court · [2025] UGHC 226 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from consolidated civil suits concerning disputed land ownership
Decision
Temporary injunction granted to preserve the status quo of the disputed land pending determination of the main consolidated suits

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 respondents from selling, subdividing, mortgaging, or making any dealings on the disputed land pending determination of the consolidated suits. The court found that the applicant established a prima facie case raising bona fide triable issues concerning competing claims to land ownership, and that the purpose of the injunction was to preserve the status quo without affecting current possession.

Outcome

Temporary injunction granted to preserve the status quo of the disputed land pending determination of the main consolidated suits

Facts

The applicant claimed to have purchased land comprised in Bulemezi Block 69 Plot 8 from the first respondent on 19 October 2020, took possession, graded it, and lodged a caveat. The applicant alleged that the first respondent subsequently sold the same land to the second respondent in 2023, and that the land title was fraudulently transferred into the second respondent's names. The second respondent claimed to be a bona fide purchaser for value who conducted due diligence and is now the registered proprietor in possession. Two civil suits were filed and later consolidated. The applicant sought a temporary injunction to prevent alienation of the land pending determination of the main suits.

Issues

  1. Whether the applicant has established a prima facie case with a likelihood of success.
  2. Whether the applicant will suffer irreparable damage if the temporary injunction is not granted.
  3. Whether the balance of convenience favours the grant of a temporary injunction.

Orders

  • A temporary injunction is issued restraining the respondents, their agents, representatives, assignees or nominees from selling, subdividing, mortgaging or making any dealings, construction or developments on the land or erecting any structures on the suit land comprised in Bulemezi Block 69 Plot 8 at Kirungira in Luwero District until the determination of the consolidated suits HCT-17-LD-CS-0297-2023 and Civil Suit No. 33 of 2024.
  • Costs shall abide the outcome of the consolidated suits.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Conditions for Grant
For a temporary injunction to issue, the court must be satisfied that: (i) the applicant has a prima facie case with a probability of success; (ii) the applicant might otherwise suffer irreparable damage which would not be adequately compensated for in damages; and (iii) if the court is in doubt on the above two points, the court will decide the application on the balance of convenience.
Civil Procedure — Temporary Injunctions — Prima Facie Case — Test
To prove a prima facie case, an applicant need only show that there is a serious question to be determined and that the action is not frivolous or vexatious. The court must not make definitive or final findings of fact or law at the interlocutory stage as doing so may embarrass the ultimate hearing of the main case.
Civil Procedure — Temporary Injunctions — Irreparable Damage — Meaning
Irreparable injury does not mean that there must be no physical possibility of repairing the injury, but that the injury or damage must be substantial or material, that is, one that cannot be adequately atoned for in damages.
Civil Procedure — Temporary Injunctions — Purpose — Preservation of Status Quo
The purpose of a temporary injunction is to preserve the status quo of property in its state, without it being alienated, transferred, sold, or damaged, until the suit is disposed of. The injunction does not affect persons in occupation of the property or deprive the registered owner of possession.
Civil Procedure — Temporary Injunctions — Balance of Convenience — When Considered
The court should only consider the balance of convenience where it is in doubt on whether the applicant has established a prima facie case or whether irreparable damage will be suffered.

Legislation cited (10)

Cases cited (15)

  • Godfrey Ssekitoleko and Others v Sezi Mutabazi and Others (2002-2005) HCB
  • Legal Brains Trust (LBT) Ltd v Attorney General and Another (Miscellaneous Application No. 638 of 2014)
  • Spring International Hotel Ltd v Hotel Diplomate Ltd and Another (Civil Suit No. 227 of 2011)
  • Robert Kavuma v Hotel International (Supreme Court Civil Appeal No. 8 of 1990)
  • American Cyanamid Co v Ethicon Ltd [1975] AC 396
  • Gashumba Maniraguha v Sam Nkundiye (Civil Application No. 24 of 2015)
  • Kiyimba Kaggwa v Katende (1985) HCB 43
  • Rajab Ssempereza v Shem Mukasa and Another (Court of Appeal Civil Application No. 0258 of 2024)
  • Stanley Kang'ethe Kinyanjui vs Tonny Ketter & 5 others (2013) e KLR
  • American Cyanamid Co Ltd v Ethicon [1975] 1 All ER 504
  • Nabyozi Racheal v Namiiri Susan and Another (Miscellaneous Application No. 882 of 2020)
  • Zachary Olum and Another v Attorney General (Constitutional Petition No. 6 of 1999)
  • Tonny Wasswa v Joseph Kakooza (1987) HCB 79
  • Byarugaba v Muhoozi and Another (Miscellaneous Application No. 215 of 2014)
  • Geilla v Cassman Brown & Co (1973) EA 358

Full judgment

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Lubulwa v Kanakulya and Others (Miscellaneous Application 59 of 2024) [2025] UGHC 226 (25 April 2025)
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.