Wakilii

National Forest Authority v Matovu and Others (57 of 2023; Miscellaneous Application 56 of 2023)

High Court · [2023] UGHCLD 140 · 2023 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Two cross-applications for temporary injunctions arising from Civil Suit No. 018 of 2023 concerning alleged encroachment on gazetted forest reserve
Decision
Temporary injunction granted in favor of National Forest Authority to restrain encroachment on gazetted forest reserve; plaintiffs' cross-application dismissed but allowed to continue existing farming within occupied bibanja pending final hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that both applications disclosed prima facie cases raising serious legal issues for trial. The National Forest Authority's application succeeded because environmental damage to a gazetted forest reserve cannot be adequately compensated in damages, and the court cannot injunct a statutory body from performing its functions. The plaintiffs' application failed because any loss they might suffer can be atoned for by damages. NFA restrained from stopping existing farming activities within bibanja occupied at suit filing, but not construction activities.

Outcome

Temporary injunction granted in favor of National Forest Authority to restrain encroachment on gazetted forest reserve; plaintiffs' cross-application dismissed but allowed to continue existing farming within occupied bibanja pending final hearing

Facts

Matovu Karimu and three others filed suit claiming 1,007 acres of land as beneficiaries of Emmanuel Nsamba Sabasaba, who allegedly settled on the land in 1977. National Forest Authority contended the land forms part of Taala Central Forest Reserve gazetted under Legal Notice No. 87 of 1932 and re-gazetted under Statutory Instrument No. 63 of 1998. A survey report confirmed plaintiffs' developments fall entirely inside the forest reserve. Plaintiffs alleged that on 25 January 2023, the first and second defendants with soldiers and men invaded the land, destroyed crops and killed two people. Both parties filed cross-applications for temporary injunctions: NFA to restrain encroachment, and plaintiffs to prevent eviction and destruction of their property.

Issues

  1. Whether the applicants in MA No. 56/2023 (National Forest Authority) disclosed a prima facie case for a temporary injunction.
  2. Whether the applicants in MA No. 57/2023 (Matovu Karimu & Others) disclosed a prima facie case for a temporary injunction.
  3. Whether the applicants would suffer irreparable injury that cannot be compensated in damages.
  4. Where the balance of convenience lies in granting or refusing the temporary injunctions.

Orders

  • MA No. 56 of 2023 filed by National Forest Authority allowed.
  • MA No. 57 of 2023 filed by the Plaintiffs dismissed.
  • National Forest Authority restrained from stopping Applicants in MA No. 57/2023 from carrying out normal farming (but not construction) activities within the bibanja occupied by them at the time the suit was filed.
  • Injunction granted in favor of National Forestry Authority to remain in force until hearing of suit on 7 August 2023.
  • Each party to bear its own costs.
  • Counsel directed to file joint scheduling memorandum before 17 July 2023.
  • Counsel directed to file and serve trial bundles and witness statements before 31 July 2023.
  • Case fixed for hearing at Kiboga Court on 7 and 8 August 2023 starting at 10:00am each day.

Rules and key headnotes

Temporary Injunctions — Conditions for Grant — Prima Facie Case, Irreparable Injury, Balance of Convenience
The conditions for the grant of a temporary injunction are: (1) the applicant must show a prima facie case with a probability of success; (2) the injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury which would not adequately be atoned for by an award of damages; (3) if the court is in doubt, the application is decided on the balance of convenience.
Temporary Injunctions — Prima Facie Case — Test for Establishment
In determining whether a prima facie case is established, the court does not delve into the merits of the case. The duty of the court is to determine that the claim is not frivolous or vexatious and that there is a serious legal issue to be tried.
Forest Reserves — Protection — Irreparable Injury — Inadequacy of Damages
The flora and fauna of a gazetted forest reserve cannot be easily replaced and cannot be atoned for by damages calculable as in normal suits, constituting irreparable injury sufficient to ground a temporary injunction.
Statutory Bodies — Performance of Statutory Functions — Court Cannot Injunct
The court cannot injunct a statutory authority from performing its statutory functions under the enabling legislation. Public funds expended for the public good in the management of forest reserves cannot be the subject of injunctive relief that would prevent the authority from discharging its mandate.

Legislation cited (3)

  • National Forestry and Tree Planting Act No. 8 of 2003
  • Legal Notice No. 87 of 1932
  • Statutory Instrument No. 63 of 1998

Full judgment

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

National_Forest_Authority_v_Matovu_and_Others_(57_of_2023;_Miscellaneous_Application_56_of_2023)_[2023]_UGHCLD_140_(30_May_2023)
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