Wakilii

Makerere University Business Owners' Association v Makerere University (Consolidated Misc. Application No. 879 & 935 of 2023)

High Court · [2026] UGHCCD 56 · 2026 Applications Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications for interim injunction and stay of execution arising from Misc. Cause No. 157 of 2022
Decision
Both applications dismissed; eviction already executed

Observed later treatment

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Holding

The court struck out the application for an interim injunction as incompetent because it was premised on an application for stay of execution rather than a main application for temporary injunction. The application for stay of execution was dismissed because the eviction had already been carried out by the time of the hearing, meaning there was no status quo to preserve and no imminent threat of execution remaining.

Outcome

Both applications dismissed; eviction already executed

Facts

The applicant association represented business owners operating on Makerere University premises. Following an unsuccessful outcome in Misc. Cause No. 157 of 2022, the applicant filed a notice of appeal and sought stay of execution of the judgment ordering their eviction. Two consolidated applications were filed: one for interim injunction to maintain status quo and another for stay of execution. The respondent opposed the applications, stating that members could not produce tenancy agreements or evidence of rent payment, and had illegally connected to utilities. By the time of hearing, the respondent had already carried out an eviction on 10 November 2023, removing all illegal occupants from the premises pursuant to the court decree and the University's Space and Housing Policy.

Issues

  1. Whether Misc. Application No. 935 of 2023 raises sufficient grounds for grant of an interim order of injunction?
  2. Whether Misc. Application No. 0879 of 2023 raises sufficient grounds for stay of execution of the decree in Misc. Cause No. 157 of 2022?

Orders

  • Application for interim order of injunction (Misc. Application No. 935 of 2023) struck out as incompetent.
  • Application for stay of execution (Misc. Application No. 0879 of 2023) dismissed.
  • Each party to bear their own costs.

Rules and key headnotes

Civil Procedure — Interim Injunctions — Competence — Requirement for Main Application
An application for an interim order of injunction must be premised on a main application for the particular interlocutory relief sought; an application for interim injunction cannot be validly premised on an application for stay of execution as these are distinct remedies in law.
Civil Procedure — Stay of Execution — Requirements — Status Quo
Where execution of a decree has already been carried out before the hearing of an application for stay of execution, there is no status quo to preserve and the application must fail regardless of other considerations, as the threat of execution has materialized rather than remaining imminent.

Legislation cited (1)

Cases cited (3)

Full judgment

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

Makerere University Business Owners' Association v Makerere University (Consolidated Misc. Application No. 879 & 935 of 2023) [2026] UGHCCD 56 (9 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.