Nankoomi and Another v Onwuvuche and 4 Others (Civil Miscellaneous Application No. 1405 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted an interlocutory mandatory injunction compelling respondents to remove temporary iron sheet structures from land comprised in Kibuga Block 12 Plot 789 at Mengo, and a temporary injunction restraining further trespass or alienation. The court found the applicants, as registered proprietors in possession since 2007 and plaintiffs in a pending suit challenging title cancellation, established a prima facie case with possibility of success, risk of irreparable injury not adequately compensable by damages, and that the balance of convenience favoured protecting their possession.

Outcome

Interlocutory mandatory injunction and temporary injunction granted pending final determination of the main suit

Facts

The applicants are registered proprietors of land comprised in Kibuga Block 12 Plot 789 at Mengo and have been in possession since 2007. They are plaintiffs in Civil Suit No.163 of 2019 challenging the Commissioner Land's intended cancellation of their certificate of title. The respondents constructed temporary iron sheet structures on the suit land. The applicants sought an interlocutory mandatory injunction to compel removal of these structures and a temporary injunction to restrain further trespass or alienation pending determination of the main suit. The respondents filed an affidavit in reply but did not file written submissions despite being given timelines by the court.

Issues

1. Whether the applicants satisfied the conditions for the grant of an interlocutory mandatory injunction to compel removal of structures on the suit land.
2. Whether the applicants satisfied the conditions for the grant of a temporary injunction restraining the respondents from trespassing or alienating the suit property.

Orders

• An interlocutory mandatory injunction is issued compelling the Respondents to remove the temporary iron sheet structures constructed on the Applicants' land comprised in Kibuga Block 12 Plot 789 land at Mengo pending the final determination of Civil Suit No.163 of 2019.
• A temporary injunction is issued restraining, stopping and/or preventing the Respondents, their agents, employees, servants, workers and/or any person claiming and/or working under their authority from in any way trespassing and/or destroying, alienating, disposing of the suit property comprised in Kibuga Block 12 Plot 789 land at Mengo or in any way dealing with the suit land in a manner detrimental to the interests of the Applicants and from interfering with the Applicants' possession and use of the suit property until the final determination of Civil Suit No.163 of 2019.
• Each party to bear their own costs of the application.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Act Cap 71 s.64(e)
• Judicature Act Cap 13 s.33
• Civil Procedure Rules SI 71-1 O.41 r.1
• Civil Procedure Rules SI 71-1 O.41 r.2
• Civil Procedure Rules SI 71-1 O.41 r.9

Cases cited (1)

• Kiyimba Kagwa v Haji Abdu Katende (1985) HCB 43

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