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Norah Owaraga v Silver Adowa Owaraga (High Court Civil Suit No. 18 of 2022; Miscellaneous Appeal No. 340 of 2022; Miscellaneous Application No. 53 of

High Court · [2023] UGHC 340 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Deputy Registrar's ruling dismissing application for temporary injunction in land dispute between family members
Decision
Appeal allowed; temporary injunction granted restraining respondent from cutting or destroying appellant's orchard trees pending determination of main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a Deputy Registrar conducting a locus visit after written submissions were filed and ruling reserved was irregular, and that failure to administer oaths to witnesses at the locus rendered the proceedings a nullity. While the appellant failed to establish irreparable injury not adequately compensable in damages, the balance of convenience tilted in her favour as she remained in occupation and preservation of status quo was warranted. The appeal was allowed and a temporary injunction granted.

Outcome

Appeal allowed; temporary injunction granted restraining respondent from cutting or destroying appellant's orchard trees pending determination of main suit

Facts

The appellant filed Civil Suit No. 18 of 2022 and Miscellaneous Application No. 53 of 2022 seeking a temporary injunction to restrain the respondent from entering her orchard and interfering with her quiet possession of suit property. The appellant averred that in 2011-2012 she established an orchard of oranges and mangoes on suit land, and that the respondent forcefully entered, ploughed, planted maize, and cut down some orange trees. The Deputy Registrar dismissed the application after conducting a locus visit following filing of written submissions and after the matter had been reserved for ruling. The respondent acknowledged that orange trees planted in 2011 had naturally deteriorated, and contended that other family members also cultivated the suit land. Both parties are family members.

Issues

  1. Whether the locus in quo was lawfully conducted by the Deputy Registrar.
  2. Whether the Deputy Registrar considered the grounds for the grant of a temporary injunction in the said application and if so, whether the said grounds support the grant of a temporary injunction.

Orders

  • The orders of the learned Deputy Registrar dismissing Miscellaneous Application No. 53 of 2022 are hereby set aside.
  • A temporary injunction is hereby issued maintaining the status quo and restraining the Respondent, his agents or assignees and successors from cutting and or destroying the Appellant/Applicant's orchard trees until the determination of the main suit.
  • Each party shall bear their own costs in this court and in the court below since they are family members.

Rules and key headnotes

Locus in Quo — Timing and Procedure — Conducting Visit After Submissions Filed and Ruling Reserved
A judicial officer must study the pleadings to determine whether a locus visit is necessary before reserving a matter for ruling, and conducting a locus visit after written submissions are filed and the matter reserved for ruling is irregular and appalling, though not fatal where parties are subsequently given opportunity to file further submissions on what transpired at the locus.
Locus in Quo — Oath Administration — Requirement for Fresh Evidence
When court conducts a locus visit and witnesses are called to clarify what they stated in their affidavits, they must do so on oath because their clarifications at the locus constitute fresh evidence not covered by their respective affidavits, and failure to administer an oath to witnesses at the locus renders the proceedings at the locus a nullity.
Interlocutory Injunctions — Conditions for Grant — Irreparable Injury
For a temporary injunction to be granted, the applicant must establish that the injury they will suffer is substantial or material and cannot be adequately compensated for in damages; anticipated or speculative injury does not satisfy the test for irreparable injury.
Interlocutory Injunctions — Balance of Convenience — Preservation of Status Quo
Where the applicant remains in occupation of disputed land and other family members also use the land for cultivation, the balance of convenience tilts in favour of the applicant for purposes of preserving the status quo as against the respondent, warranting the grant of a temporary injunction.

Legislation cited (2)

Cases cited (10)

  • Ngobi Patrick and Others v Nkuta Wilberforce (High Court Civil Appeal No. 70 of 2017)
  • De Souza v Uganda [1967] 1 EA 784
  • Yeseri Waiki v Edisa Luni Byandala [1982] HCB 28
  • Odong Jackson v Odongkara Joe (High Court Civil Appeal No. 110 of 2018)
  • Oryema Mark Ojok Robert (High Court Civil Appeal No. 13 of 2018)
  • Pio Semakula v Darlington Wamala Mugwanya and 3 Others (High Court Miscellaneous Application No. 21 of 2018)
  • Paineto Omwero v Saulo s/o Zebuloni (High Court Civil Suit No. 31 of 2010)
  • David Acar v Alfred Acar Aliro [1982] HCB 60
  • Kiyimba Kagwa v Hajj Nassar Katende [1985] HCB 43
  • Alley Route v Uganda Development Bank (High Court Miscellaneous Application No. 634 of 2006)

Full judgment

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

Norah Owaraga v Silver Adowa Owaraga (High Court Civil Suit No. 18 of 2022; Miscellaneous Appeal No. 340 of 2022; Miscellaneous Application No. 53 of
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.