Wakilii

Namanda v Tungakwo and Others (Miscellaneous Appeal No. 36 of 2020)

High Court · [2023] UGHCLD 19 · 2023 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Deputy Registrar's order modifying earlier interim injunction in land dispute
Decision
Appeal dismissed. Impugned order of Deputy Registrar upheld.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that under the Civil Procedure (Amendment) Rules 2019, a Deputy Registrar has power and jurisdiction to vary or discharge an interim injunction order issued under Order 41 Rule 4 of the Civil Procedure Rules. The appeal challenging the Registrar's modification of an earlier interim order was dismissed with costs.

Outcome

Appeal dismissed. Impugned order of Deputy Registrar upheld.

Facts

The Appellant was the Plaintiff in a land suit (HCCS No. 584 of 2020) claiming ownership of land comprised in Busiro Block 411 Plot 768 at Sisa against four Respondents/Defendants. She obtained an interim order on 2 September 2020 restraining the Respondents from various dealings with the suit land. The Deputy Registrar subsequently modified that interim order on 17 November 2020, allowing ongoing construction to proceed while prohibiting new foundations and buildings, and restraining only selling and excavation. The Appellant appealed, contending the Deputy Registrar lacked power to modify her own interim order. By the time of the appeal hearing, construction had been completed and the 3rd and 4th Respondents resided on the land.

Issues

  1. Whether the learned Deputy Registrar had powers to vary and review her earlier interim order.
  2. Whether the impugned order should be set aside.

Orders

  • Appeal disallowed.
  • Costs awarded to the 2nd, 3rd and 4th Respondents.

Rules and key headnotes

Civil Procedure — Powers of Registrars — Jurisdiction to vary interim injunctions under CPR 2019
Under the Civil Procedure (Amendment) Rules 2019, Deputy Registrars have power and jurisdiction to handle interlocutory applications under Order 41 of the Civil Procedure Rules, including applications for temporary injunctions and interim relief, pursuant to Order 41A Rules 2(1)(c) and 7, and Order 50 Rule 3.
Civil Procedure — Injunctions — Power to vary or discharge interim orders
Any order for an injunction may be discharged, varied, or set aside by the court on application made by any party dissatisfied with the order, pursuant to Order 41 Rule 4 of the Civil Procedure Rules. A Deputy Registrar exercising jurisdiction under Order 41 has power to vary or discharge her own earlier interim injunction order.
Civil Procedure — Appeals — Interference with exercise of judicial discretion
An appellate court will not interfere with the exercise of judicial discretion unless it has been shown that the discretion was not exercised judicially.

Legislation cited (5)

Cases cited (4)

  • Oscar Andreaus Cardenas Espinosa v Nakimuli Mariam Cardenas (HCMA No. 112 of 2017)
  • Muhammad Buwule Kasasa v National Water & Sewarage Corporation (HCCS No. 335 of 2014)
  • Attorney General v James Mark Kamoga (SCCA No. 8 of 2004)
  • Giella v Cassman Brown & Co [1973] EA 358

Full judgment

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

Namanda_v_Tungakwo_and_Others_(Miscellaneous_Appeal_No._36_of_2020)_[2023]_UGHCLD_19_(6_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.