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National Agricultural Research Organisation v Victorious Car Bond Ltd (Miscellaneous Application No. 524 of 2025)

High Court · [2025] UGHC 1368 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for interim injunction arising from pending substantive application for interlocutory injunction
Decision
Interim injunction granted pending hearing of substantive application on 20th February 2026

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an ex parte interim injunction restraining the respondent from dealing with, alienating, developing, or destroying property and research trials on land in Kifu Central Forest Reserve. The court found exceptional circumstances justifying ex parte relief under Order 50 rule 3A of the Civil Procedure Rules 2019, including urgency and real threat of irreparable harm to century-old research specimen trees, with the interim order preserving the status quo pending hearing of the substantive interlocutory injunction application.

Outcome

Interim injunction granted pending hearing of substantive application on 20th February 2026

Facts

The applicant, National Agricultural Research Organisation, sought an ex parte interim injunction against the respondent, Victorious Car Bond Ltd, concerning land in Kifu Central Forest Reserve. The applicant claimed the respondent had destroyed part of research specimen trees as old as 100 years and would continue destroying what remained of the project if not stopped. The respondent contended the applicant only had a conditional permit to establish a research station which was never fulfilled, that no research activity was ongoing, the land was bare save for bush, it was de-gazetted as a forest in 2016, and the respondent planned to establish an industrial park in partnership with Chinese companies. The land in dispute is comprised in Freehold Certificate of Title FRV 1585 Folio 23, Block 535 Plot 219 at Mulaje and Kasayi, Kyaggwe, Mukono.

Issues

  1. Whether the court should grant an ex parte interim injunction to restrain the respondent from dealing with land comprising a forest reserve pending hearing of the substantive application.

Orders

  • Interim restraining order issued.
  • The Respondent, its servants, agents, employees, assignees, successors in title and such other persons claiming under it are restrained from dealing in, transacting, alienating, developing, or in any way destroying or interfering with the applicant's property, Research Trials and Natural Forest found on land comprised in Kifu Central Forest Reserve (specifically the area claimed by the Respondent under Freehold Certificate of Title FRV 1585 Folio 23, Block 535 Plot 219 at Mulaje and Kasayi, Kyaggwe, Mukono) until the final hearing and determination of Miscellaneous Application No. 0523 of 2025 fixed for 20th February 2026 at 11:00 am or until further orders of this Court.
  • Costs of the application to abide the outcome of the main application.

Rules and key headnotes

Civil Procedure — Interim Injunctions — Inherent Powers of Court — Grounds for Exercise
A court may invoke its inherent powers under section 98 of the Civil Procedure Act and section 33 of the Judicature Act to issue interim orders as a matter of urgency for purposes including procuring or preserving evidence, facilitating proceedings as justice requires, restraining assertion of doubtful rights, providing for safety of property, or where the efficacy or integrity of proceedings is in jeopardy, particularly when imminent or ongoing action would cause irreparable harm to the applicant.
Civil Procedure — Interim Relief — Conditions for Grant — Pending Substantive Application
Under Order 50 rule 3A(3) of the Civil Procedure (Amendment) Rules 2019, the court may consider hearing an application for interim relief only where there is a pending substantive application with a likelihood of success.
Civil Procedure — Ex Parte Applications — Exceptional Circumstances — Notice Requirements
Under Order 50 rule 3A(2) of the Civil Procedure (Amendment) Rules 2019, applications for interim relief must be inter-parties except for exceptional circumstances including where the matter is urgent in nature, where there is a real threat or danger, or where the application is made in good faith, and under rule 3A(1) the court must direct notice to the opposite party except where giving notice would cause undue delay and defeat the object of granting interim relief.
Civil Procedure — Ex Parte Interim Orders — Duration and Service Requirements
An ex parte interim order may be granted only in exceptional circumstances and for a period not exceeding three days from the date of issue, during which the applicant must present proof of effective service on the opposite party, and the order lapses upon hearing of the substantive application or where proof of effective service is not presented within three days from the date of issue.
Civil Procedure — Interim Injunctions — Purpose — Preservation of Status Quo
The purpose of granting an interim injunction order is preservation of the parties' legal rights pending hearing of the substantive application for an interlocutory injunction; the court does not determine the legal rights that will be the subject of the substantive application but merely preserves the status quo in its current condition until respective rights can be established or declared.
Civil Procedure — Interim Injunctions — Irreparable Loss — Test for Grant
Where failure to grant an interim injunction order might compromise the applicant's ability to assert their claimed rights and there is a very high likelihood of occasioning a loss that cannot be compensated for with money, and the possibility of irreparable loss has been established as a real probability rather than a mere possibility, the conditions for granting interim relief are met.

Legislation cited (5)

  • Civil Procedure Act s.98
  • Judicature Act s.33
  • Civil Procedure (Amendment) Rules 2019 Order 50 rule 3A(1)
  • Civil Procedure (Amendment) Rules 2019 Order 50 rule 3A(2)
  • Civil Procedure (Amendment) Rules 2019 Order 50 rule 3A(3)

Full judgment

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

National Agricultural Research Organisation v Victorious Car Bond Ltd (Miscellaneous Application No. 524 of 2025) [2025] UGHC 1368 (10 December 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.