Nabumbaflorence Nalongo v Nabasirye Ruth Mayambala and Others [2025] UGHC 249
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an appeal challenging a temporary injunction order that restrained third parties in possession of portions of suit land from selling or transferring those plots. The court held that the Deputy Registrar correctly preserved the status quo by restraining third parties already in occupation without bestowing ownership rights upon them, as the purpose of temporary injunctions under Order 42 CPR is to maintain the status quo pending final disposal of the main suit.
Outcome
Appeal dismissed with costs in the cause
Facts
The appellant appealed against a ruling by the Deputy Registrar granting a temporary injunction in Civil Suit No. 587 of 2023. The temporary injunction order restrained third parties who were in possession of portions of land comprised in Kyadondo Block 65 Plots 3044 from selling, transferring or disposing of the plots they occupied until final disposal of the main suit. The appellant contended that the Deputy Registrar erred by including third parties not party to the suit in the injunction order and that the order bestowed ownership rights upon those third parties. The respondents argued that the appeal was an abuse of process and that the temporary injunction properly maintained the status quo.
Issues
- Whether the Deputy Registrar erred in including third parties not party to the suit in the temporary injunction order.
- Whether the temporary injunction order bestowed ownership rights upon third parties.
Orders
- Appeal dismissed.
- Costs in the cause.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.