Wakilii

Namagembe Alice Victoria Nsubuga v Nangonzi Racheal Remmy (Miscellaneous Application No. 0339 of 2025; Miscellaneous Application No. 338 of 2025) [202

High Court · [2025] UGHC 338 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications for interim order and temporary injunction arising from civil suit concerning land ownership and possession
Decision
Applications dismissed; respondent to remain in possession of Bulemezi land pending trial; Kyadondo land claims reserved for competent court

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Holding

The High Court dismissed consolidated applications for interim order and temporary injunction, holding that the applicant registered proprietor had not established irreparable injury or imminent threat to the land. The court found that while a prima facie case existed, the respondent's long-standing consensual possession, substantial developmental contributions, and joint liability under a EUR 80,000 loan created serious triable equitable claims. The balance of convenience favoured maintaining the respondent in possession pending trial. The court lacked territorial jurisdiction over land in Kyadondo but retained jurisdiction over Bulemezi land.

Outcome

Applications dismissed; respondent to remain in possession of Bulemezi land pending trial; Kyadondo land claims reserved for competent court

Facts

The applicant, a registered proprietor of land parcels in Bulemezi and Kyadondo, sought interim orders and temporary injunction against the respondent, alleging trespass, waste, burning of vegetation, and charcoal activities. The respondent maintained she was in lawful consensual possession, having identified the Bulemezi land, conducted due diligence, settled squatters, fenced and managed the property. Both parties jointly obtained a EUR 80,000 loan for land development, for which both remain liable. The respondent held the Certificate of Title with the applicant's initial consent to secure their mutual interest. The applicant attempted to deploy private security guards to take possession. The Certificate of Title was already in court custody pursuant to prior orders.

Issues

  1. Whether this Court has jurisdiction to entertain the applications
  2. Whether there is a prima facie case
  3. Whether irreparable injury exists
  4. Whether there is an imminent threat to the suit property
  5. Where does balance of convenience fall

Orders

  • Application for interim order dismissed with costs.
  • Application for temporary injunction dismissed with costs.
  • Respondent to remain in possession of Bulemezi Block 567 Plot 45 until final determination of main suit.
  • Neither party shall alter, interfere with, or disturb the position of possession.
  • Certificate of Title for Bulemezi Block 567 Plot 45 to remain deposited with Court until further orders or final disposal.
  • No injunctive relief shall issue from this Court in respect of Kyadondo Block 266 Plots 1122, 1123 and 1205.
  • Costs of both applications to be paid by the applicant.

Rules and key headnotes

Territorial Jurisdiction — High Court Circuits — Land Matters
Territorial jurisdiction in land matters is governed by the locus of the suit property. While the High Court has unlimited original jurisdiction under Article 139(1) of the Constitution, it sits in circuits whose territorial boundaries must be respected for administrative and judicial efficiency. Land situated in a particular district ordinarily falls within the High Court Circuit for that district.
Temporary Injunctions — Prima Facie Case — Triable Issues
A prima facie case exists where there is a serious question fit for trial that is not frivolous, vexatious or plainly untenable. Where a respondent raises substantial averments concerning consensual possession, developmental contributions, and joint financial obligations that could give rise to equitable interests, serious triable issues exist requiring evaluation through oral testimony, cross-examination and documentary evidence.
Temporary Injunctions — Irreparable Injury — Economic Loss
Irreparable injury refers to injury that is substantial and cannot be adequately remedied by an award of damages. Economic loss, however inconvenient or undesirable, does not constitute irreparable harm. Alleged losses relating to farming operations, crop yields, or income-generating activities are quantifiable and compensable by damages and therefore do not satisfy the requirement of irreparable injury.
Temporary Injunctions — Imminent Threat — Burden of Proof
An imminent threat must be real, immediate, visible, and about to occur, not a matter of conjecture or imagination. Speculative, exaggerated or fanciful fears do not qualify as an imminent threat. Where allegations of destruction or interference are denied and unsupported by independent corroboration such as police reports, site inspections or third-party affidavits, no imminent threat is established.
Temporary Injunctions — Balance of Convenience — Status Quo
Where a party has been in long-standing consensual possession and management of property and remains jointly liable under a development loan secured by that property, while the opposing party's connection is documentary and remote, the balance of convenience favours maintaining the possessor pending trial. The status quo to be preserved is the position existing before the dispute, not one created by unilateral acts undertaken shortly before litigation.

Legislation cited (6)

Cases cited (11)

  • Giella v Cassman Brown (1973) EA 358
  • Kiyimba Kaggwa v Katende [1985] HCB 43
  • Gapco Uganda Ltd v Kaweesa (Miscellaneous Application No. 259 of 2013)
  • American Cyanamid v Ethicon [1975] AC 396
  • Makune v Bulikarara (Civil Appeal No. 0091 of 2022)
  • Adonia v Mutekanga (1970) EA 429
  • Musiitwa Kyazze v Busingye (Supreme Court Civil Appeal No. 13 of 1990)
  • Kavuma v Hotel International (Supreme Court Civil Appeal No. 8 of 1990)
  • Nyakabwa & Another v Kalimbi Kairumba & 2 Others (Miscellaneous Application No. 0027 of 2024)
  • Gashumba Maniraguha v Sam Nkundiye (Supreme Court Civil Appeal No. 24 of 2015)
  • John Magezi v Andrew Babigumira & Another (Supreme Court Civil Appeal No. 06 of 2021)

Full judgment

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

Namagembe Alice Victoria Nsubuga v Nangonzi Racheal Remmy (Miscellaneous Application No. 0339 of 2025; Miscellaneous Application No. 338 of 2025) [202
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.