Wakilii

Makune and Others v Bulikarara and Another (Civil Appeal No 91 of 2022)

High Court · [2023] UGHC 16 · 2023 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Deputy Registrar's ruling dismissing application for temporary injunction
Decision
Appeal allowed. Temporary injunction granted restraining disposal or dealing with the estate land pending determination of the main suit.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the appeal and set aside the Deputy Registrar's ruling dismissing an application for temporary injunction. Court held that the appellants had established a prima facie case with probability of success, would suffer irreparable injury, and the balance of convenience favoured them. A temporary injunction was granted restraining the respondents from selling, disposing of, distributing or otherwise dealing with the estate land pending final determination of the main suit.

Outcome

Appeal allowed. Temporary injunction granted restraining disposal or dealing with the estate land pending determination of the main suit.

Facts

The late Gerson Bulikarara died in 2019, allegedly testate, leaving land of about 2 acres. Prior to his death, the deceased gave portions of land to the three appellants by deeds of gift in 2014 and 2018. The respondents, both children of the deceased, were granted letters of administration over the estate on 10 May 2022. The respondents entered the appellants' land, demarcated it, cut down crops including maize, banana, cassava and eucalyptus trees, and put the land on the market for sale. The appellants sought a temporary injunction to restrain the respondents from interfering with the land. The Deputy Registrar dismissed the application on the basis that the respondents, as administrators with a grant, had authority to deal with the estate. The appellants appealed.

Issues

  1. Whether the Learned Registrar erred in law and fact when he dismissed the appellants' application for a temporary injunction.

Orders

  • Appeal allowed.
  • Ruling and orders of the Assistant Registrar set aside.
  • Temporary injunction granted restraining the Respondents or any person from selling, buying, mortgaging, disposing of, distributing, sharing, leasing, or otherwise dealing in any part of the estate or land attributed to the estate of the late Gerson Bulikarara, pending final determination of Civil Suit No. 046 of 2022.
  • Each party to bear own costs.

Rules and key headnotes

Civil Procedure — Interlocutory Injunctions — Three-stage Test
An applicant for a temporary injunction must prove: (a) a prima facie case with a probability of success; (b) that they will suffer irreparable injury which cannot be adequately compensated in damages; and (c) that the balance of convenience favours the grant of the injunction.
Civil Procedure — Interlocutory Injunctions — Prima Facie Case
At the prima facie stage, court does not delve deep into the merits but merely determines that the claim is not frivolous or vexatious and that there is a serious issue to be determined at trial. Where an applicant presents evidence of alleged fraudulent procurement of letters of administration and supporting documents showing prior gifts of land, a prima facie case with probability of success is established.
Civil Procedure — Interlocutory Injunctions — Irreparable Injury
Irreparable injury means a substantial or material injury that cannot be adequately compensated for in damages. Where appellants who claim to have received land by gift have developments including crops and trees on the land, the respondents have destroyed those crops and put the land on the market for sale, and the land is the appellants' means of sustenance, irreparable injury is established.
Civil Procedure — Interlocutory Injunctions — Balance of Convenience
The balance of convenience lies more on the one who will suffer more if the respondent is not restrained in the activities complained of in the suit. Court must weigh the loss or risk of exposure for the applicant if the injunction is denied against the prejudice and injury the respondent is likely to suffer if the injunction is granted.
Civil Procedure — Interlocutory Injunctions — Purpose and Scope
The court's duty in granting a temporary injunction is only to preserve the existing situation pending the disposal of the substantive suit. Court does not determine legal rights to property but merely preserves it in its actual condition until legal title or ownership can be established or declared.
Succession & Estates — Letters of Administration — Challenge to Grant
Where appellants contend that letters of administration were fraudulently secured because the deceased died testate and personal properties previously gifted were wrongly included in the estate, these facts raise serious issues for judicial consideration and support a finding of a prima facie case.

Legislation cited (6)

Cases cited (4)

  • Ndema Emanzi Rukandema v Mubiru Henry (Misc. Application No. 225 of 2013)
  • Kiyimba Kaggwa v Hajji Abdul Nasser Katende (1985) HCB 43
  • Daniel Mukwaya v Administrator General (High Court Civil Suit No. 630 of 1993)
  • Jayndrakumar Devechand Devani v Haridas Vallabhdas Bhadresa and Another (Civil Appeal No. 21 of 1971)

Full judgment

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

Makune and Others v Bulikarara and Another (Civil Appeal No 91 of 2022) 2023 UGHC 16 (23 January 2023)
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.