Wakilii

Mugisha v Kobusingye (Misc Application No. 173 of 2017)

Court of Appeal · [2017] UGCA 51 · 2017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an interim order of injunction pending hearing of a substantive application for a temporary injunction, arising out of a pending civil appeal
Decision
Application for interim order of injunction dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court considered an application for an interim order of injunction pending the hearing of a substantive application for a temporary injunction, arising out of a pending civil appeal. Applying Hwan Sung Industries Ltd v Tajdin Hussein, the court held that for an interim order it suffices to show a pending substantive application and a serious threat of execution before its hearing. The court found that execution had already been carried out, no future execution was planned, and the applicant offered no evidence supporting her fear of threatened interference with the status quo. Finding no imminent threat, the court dismissed the application with costs.

Outcome

Application for interim order of injunction dismissed with costs

Facts

The Mbarara High Court determined Civil Suit No. 41 of 2012 in favour of the respondent. Dissatisfied, the applicant filed Civil Appeal No. 169 of 2014, which remains pending before the Court of Appeal. The applicant had previously secured an interim order of stay of execution in Civil Application No. 029 of 2016, but an extension was refused. Following that refusal, the respondent's lawyers moved the trial court, which issued a warrant for vacant possession of 22 acres of the suit property. The applicant alleged the execution was carried out illegally in her absence, resulting in bailiffs handing over land comprising her home, kraal, plantations and houses to the respondent, and that the respondent was further annexing and appropriating her property. The applicant apprehended continued interference with her quiet enjoyment of the suit property. The respondent maintained that execution had already been completed, witnessed by local government, church leaders and family members, and that there were no future execution plans.

Issues

  1. Whether the applicant established the conditions for the grant of an interim order of injunction pending the hearing of the substantive application for a temporary injunction.
  2. Whether there was a serious threat of execution or interference with the status quo warranting an interim order.

Orders

  • Application dismissed.
  • Costs awarded against the applicant.

Rules and key headnotes

Injunctions — Interim Order Pending Substantive Application — Conditions
For the grant of an interim order of stay or injunction, it suffices to show that a substantive application is pending and that there is a serious threat of execution before the hearing of that pending substantive application; it is not necessary to pre-empt consideration of matters relevant to the substantive application.
Injunctions — Threat to Status Quo — Evidential Burden
An interim order of injunction will not be granted where execution has already been completed and there is no evidence of an imminent threat to, or interference with, the status quo pending the hearing of the intended substantive application.
Appeals — Stay of Execution — Effect of Lodging Appeal
The institution or pendency of an appeal does not of itself operate as a stay of execution; a stay, injunction or stay of proceedings must be separately ordered by the court on such terms as it thinks just.

Legislation cited (3)

  • Rules of the Court of Appeal r.2(2)
  • Rules of the Court of Appeal r.6(2)(b)
  • Rules of the Court of Appeal r.43

Cases cited (1)

  • Hwan Sung Industries Ltd v Tajdin Hussein (Civil Appeal No. 8 of 2008)

Full judgment

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

Mugisha Vs Kobusingye (Misc Application No. 173 of 2017) [2017] UGCA 51 (20 November 2017)
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.