Wakilii

Namale Shamim v Nataliya Nabbimba (Miscellaneous Appeal No. 944 of 2025)

High Court · [2025] UGHCLD 123 · 2025 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Assistant Registrar's ruling granting temporary injunction in land dispute
Decision
Temporary injunction set aside; matter remitted to main suit for determination of parties' rights.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the respondent lacked locus standi to bring the temporary injunction application because the name on the certificate of title (Natasha Nabbimba) differed from the applicant's name (Nataliya Nabbimba), and no evidence of formal name change was provided. The Assistant Registrar erred in failing to address this discrepancy. The appeal was allowed and the temporary injunction set aside.

Outcome

Temporary injunction set aside; matter remitted to main suit for determination of parties' rights.

Facts

The respondent filed Civil Suit No. 173 of 2025 against the appellant for trespass, vacant possession and general damages concerning land comprised in Kyadondo Block 249 Plot 668 at Bunga. The respondent subsequently filed Miscellaneous Application No. 424 of 2025 seeking a temporary injunction, which the Assistant Registrar granted on 15 April 2025. The certificate of title showed the land registered in the names of Nabbimba Samson Kabbalu, Samson Nabbimba and Natasha Nabbimba. The respondent's name in the application was Nataliya Nabbimba. The respondent's marriage certificate showed her maiden name as Polidova Natalia (a Ukrainian citizen) who married Samson Nabbimba. The respondent explained that Natasha is a diminutive of Nataliya used outside Russia. The appellant raised the name discrepancy as a preliminary objection, which the Assistant Registrar did not address in his ruling.

Issues

  1. Whether the learned Assistant Registrar erred in law and fact when he failed to address the unsubstantiated discrepancies in the names of the respondent.
  2. Whether the respondent had locus standi to bring the application for temporary injunction given the name discrepancies between the applicant and the registered proprietor on the certificate of title.

Orders

  • Appeal allowed.
  • The ruling and orders of the Assistant Registrar in Miscellaneous Application No. 424 of 2025 granting a temporary injunction to the respondent against the appellant is hereby set aside.
  • Costs of this appeal and Miscellaneous Application No. 424 of 2025 shall follow the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Locus Standi — Name Discrepancies — Requirement for Formal Name Change
A party seeking relief in respect of registered land must establish identity with the registered proprietor. Where there are discrepancies between the applicant's name and the name on the certificate of title, and no evidence of formal name change is provided, the applicant lacks locus standi to bring the application. An explanation that one name is a diminutive of another does not suffice without formal legal documentation of the name change.
Civil Procedure — Locus Standi — Relevance at Interlocutory Stage
Questions of locus standi are relevant at any stage of proceedings, including interlocutory applications, and are not a preserve of the main suit. Locus standi relates to the right to be heard in court and must be established before any relief can be granted.
Civil Procedure — Appeals from Registrar — Duty of First Appellate Court
On appeal from a Registrar's order under Order 50 rule 8 of the Civil Procedure Rules, the duty of the first appellate court is to re-evaluate and reappraise the evidence on record.
Land & Property — Registered Land — Identity of Registered Proprietor — Name Discrepancies
A person claiming rights as a registered proprietor must establish identity with the name appearing on the certificate of title. Where the claimant's name differs from the registered name, formal mechanisms for name change must be followed to avoid the risk of impersonation and to maintain legal certainty.

Legislation cited (4)

Cases cited (3)

  • Fr Narsensio Begumisa and Others v Eric Tibebaga (Supreme Court Civil Appeal No. 17 of 2002)
  • Dima Dominic Poro v Inyani Godfrey (Civil Appeal No. 17 of 2016)
  • Kithende Appolonia and 2 Others v Eleanor Wismer (Court of Appeal Civil Appeal No. 34 of 2010)

Full judgment

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

Namale_Shamim_v_Nataliya_Nabbimba_(Miscellaneous_Appeal_No._944_of_2025)_[2025]_UGHCLD_123_(26_June_2025)
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.