Wakilii

Muhwezi and Others v Attorney General (Misc Application No. 015 of 2014)

High Court · [2014] UGHCLD 103 · 2014 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising out of pending civil suit concerning land ownership and threatened eviction
Decision
Temporary injunction granted in part — customary tenure holders protected from eviction pending trial; freehold claimants refused relief for failure to prove title

Observed later treatment

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Holding

Held that applicants claiming freehold interests failed to show a prima facie case without presenting proof of title, but applicants claiming customary tenure established sufficient occupation to warrant protection pending trial. On balance of convenience, temporary injunction granted to protect customary tenure holders from eviction and destruction of property for three months, with refugees already settled to remain undisturbed.

Outcome

Temporary injunction granted in part — customary tenure holders protected from eviction pending trial; freehold claimants refused relief for failure to prove title

Facts

Nine applicants filed suit against the Attorney General claiming ownership of land in Marembo and Ngulwe villages, Hoima District, under varied interests including freehold and customary tenure. In July 2013, state agents entered the suit land, declared it part of Kyangwali Refugee Settlement, evicted the applicants, destroyed their crops and homes, and settled refugees on approximately 50 hectares. The applicants regained possession of most of the land but refugees remained on portions claimed by the 1st and 9th applicants. Threats of eviction continued. The 1st and 4th applicants claimed freehold ownership but presented no certificates of title. The remaining applicants claimed customary tenure. The respondent contended the land was Government property forming part of Kyangwali Refugee Settlement and a UPDF barracks established in 2009, and that the applicants were not in occupation and had no titles.

Issues

  1. Whether the applicants had shown a prima facie case with a probability of success in the main suit.
  2. Whether the applicants would suffer irreparable damage if the injunction was denied.
  3. Where the balance of convenience lay as between preserving the applicants' occupation and the Government's need to accommodate refugees and military forces.

Orders

  • Respondent's submissions struck off the record for procedural irregularity.
  • Temporary injunction granted in favour of the 1st, 2nd, 3rd, 5th, 6th, 7th, 8th and 9th applicants restraining the respondent and/or her agents from destroying their homes and crops, evicting them or sanctioning and carrying out new settlements of refugees.
  • Temporary injunction declined in respect of land claimed by the 1st and 4th applicants under freehold tenure in paragraphs 6 and 10 of the plaint.
  • Order to remain in force for three months or until the main suit is fixed for hearing (whichever is earlier), thereafter subject to renewal.
  • Refugees already settled on part of the suit land to remain within the confines of their settlements with no interference from the applicants and/or their agents until final determination of the suit.
  • Each party to bear their own costs of the application.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Procedure for Responding to Applications
Where a respondent indicates intention to raise a preliminary objection and is granted time to file written submissions on the objection, the respondent cannot, without notice to the applicant or leave of court, abandon the objection and instead file submissions in response to the main application. Such procedure is irregular and in contravention of Order 18 Rules 1 and 2 of the Civil Procedure Rules which give the plaintiff (or applicant) the right to begin.
Civil Procedure — Temporary Injunctions — Test for Grant
The principles governing the grant of a temporary injunction require the applicant to show: (1) a prima facie case with a probability of success in the main suit; (2) that irreparable damage is likely if the injunction is denied; and (3) if the court is in doubt, the matter will be decided on the balance of convenience. A prima facie case is not necessarily a tight case but one in which the court need only be satisfied that there is a serious question to be tried.
Land & Property — Freehold Land — Proof of Ownership — Burden on Applicant for Injunction
An applicant claiming ownership of freehold land in support of an application for temporary injunction must, at minimum, present a certificate of title or similar proof to confirm ownership, particularly where the respondent denies ownership and asserts the land is Government property. Failure to present such proof means the applicant has not shown a prima facie case entitling them to injunctive relief in respect of the freehold land.
Land & Property — Customary Tenure — Protection Pending Determination of Rights
Customary tenure is recognised by both the Constitution and the Land Act and requires a different kind of proof than registered land. Where applicants claim to hold land under customary tenure and their occupation has not been strictly rebutted, the balance of convenience may favour granting a temporary injunction to preserve their occupation pending trial, even if a complete prima facie case has not been established, so that their constitutional rights to land are protected while the case is investigated.
Civil Procedure — Temporary Injunctions — Purpose and Status Quo
The purpose of a temporary injunction is to preserve the status quo in respect of the matter in dispute until determination of the whole dispute. An injunction is meant to maintain and not alter the status quo. Where refugees have already been settled on part of disputed land, they should remain within the confines of their settlements with no interference from the applicants until final determination of the suit.

Legislation cited (5)

Cases cited (6)

  • American Cyanamid Co v Ethicon Ltd [1975] AC 396
  • Francis Babumba and 2 Others v Erisa Bunjo (HCCS No. 697 of 1999)
  • Robert Kavuma v M/s Hotel International (SCCA No. 8 of 1990)
  • Prof. Peter Anyang Nyong'O & Others Vs The Attorney General of Kenya & Others; East African Court of Justice Case Ref. No. 1 of 2006 (unreported)
  • E.L.T. Kiyimba Kaggwa v Haji A.N. Kateride (1985) HCB 43
  • Commodity Trading Industries v Uganda Maize Industries and Another [2001-2005] HCB 118

Full judgment

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Muhwezi and Others v Attorney General (Misc Application No. 015 of 2014) [2014] UGHCLD 103 (4 April 2014)
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.