Wakilii

Nafula and Another v Semugengyi and Another (Misc Cause No. 19 of 2023)

High Court · [2023] UGHCLD 23 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application arising from Civil Suit No. 367 of 2018 seeking orders to deploy private security guards on disputed land
Decision
Security company authorized to remain on disputed land pending determination of Civil Suit No. 367 of 2018

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court Land Division granted an ex parte application under section 98 of the Civil Procedure Act allowing registered proprietors to maintain private security guards on disputed land. The court found that the security presence, established during a pre-trial locus and known to both parties, was necessary to preserve the property and safeguard burial grounds without impeding access to justice. The order remains in force until determination of the main suit.

Outcome

Security company authorized to remain on disputed land pending determination of Civil Suit No. 367 of 2018

Facts

The applicants are registered owners of land comprised in Block 789 Plots 607 and 767 at Seeta, and are defendants in Civil Suit No. 367 of 2018 filed by the respondents. During a pre-trial locus conducted on 26 September 2022, the court established that burial grounds belonging to the applicants and their siblings (who are not party to the suit) are located on the land. The security company, Champion Security Services Ltd, was already present on the ground at the time of the locus. The applicants sought court authorization to maintain the security presence to safeguard the property from vandalism and protect the burial grounds.

Issues

  1. Whether the court should allow the applicants, as registered proprietors of suit land, to deploy private security guards to watch over the land which hosts burial grounds.

Orders

  • Application allowed.
  • The security company (Champion Security Services Ltd) shall remain on the suit land until the determination of the main suit or until further orders are made by court.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Section 98 CPA — Court's Power to Make Orders Necessary to Meet Ends of Justice
Section 98 of the Civil Procedure Act confers power on the court to make any orders necessary to meet the ends of justice, including orders to preserve property pending determination of the main suit.
Land & Property — Preservation of Property — Security Guards on Disputed Land — Balance of Interests
Where registered proprietors seek to deploy security guards on disputed land to preserve property and protect burial grounds, and the opposing party is aware of the security presence, the court may authorize the continued presence where it does not impede access to justice.

Legislation cited (1)

Full judgment

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Nafula_and_Another_v_Semugengyi_and_Another_(Misc_Cause_No._19_of_2023)_[2023]_UGHCLD_23_(10_February_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.