Matovu v Nabale & Anor (Ma No. 471 of 2013)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the applicant satisfied the conditions for grant of a temporary injunction. The application raised serious questions to be tried regarding ownership of equitable interest and proprietorship of the suit land. The applicant would suffer irreparable injury if not granted relief, and balance of convenience favoured the applicant and beneficiaries in possession. Application allowed with costs in the cause. Main suit fixed for scheduling and hearing.

Outcome

Temporary injunction granted pending hearing and disposal of main suit

Facts

The applicant is a beneficiary of the estate of the late Kevina Ajeru Nataya who died in 1993. The deceased had occupied suit land at Kisugu since 1962, initially as a kibanja interest acquired from Nabagereka Christine and later purchasing the legal interest. The estate remained in possession and in 2003 executed a tenancy agreement letting a commercial building on the premises. The 1st respondent became registered proprietor of the suit land on 3 August 2012, having purchased it from administrators of the late Christine Nabbagala. The 1st respondent also purchased from Peter Nataya's administrator the unregistered equitable interest on 7 March 2012. The 1st respondent then sought to take vacant possession and filed summary suit against the estate's tenants, obtaining judgment and threatening execution. The applicant filed a main suit challenging the registration and brought this application for temporary injunction.

Issues

1. Whether the applicant is entitled to the orders being sought in this application, namely a temporary injunction restraining the respondents from altering the status quo of the suit land, evicting the applicant, or disposing of the land pending disposal of the main suit.

Orders

• Application allowed in the terms and orders being sought therein.
• A temporary injunction is issued against the respondents and their agents restraining them from altering the status quo of the suit land, evicting the applicant and persons claiming under the estate of the late Kevina Ajeru Nataya, entering or interfering with the applicant's occupation, or disposing of, transferring or alienating the suit land pending disposal of the main suit.
• Costs of the application in the cause.
• Main suit HCCS No. 243 of 2013 fixed for scheduling and hearing in the August-September 2013 Civil Session.

Rules and key headnotes

Legislation cited (12)

• Constitution of the Republic of Uganda Article 26
• Constitution of the Republic of Uganda Article 27
• Constitution of the Republic of Uganda Article 28
• Judicature Act Cap. 13 s.33
• Judicature Act Cap. 13 s.38
• Civil Procedure Act Cap. 71 s.98
• Civil Procedure Rules S.I. 71-1 Order 41 rule 1
• Civil Procedure Rules S.I. 71-1 Order 41 rule 2
• Civil Procedure Rules S.I. 71-1 Order 41 rule 9
• Civil Procedure Rules S.I. 71-1 Order 52 rule 1
• Civil Procedure Rules S.I. 71-1 Order 52 rule 2
• Civil Procedure Rules S.I. 71-1 Order 52 rule 3

Cases cited (1)

• Kiyimba-Kaggwa v Hajji Abdu Nasser Katende ([1985] HCB 43)

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