Wakilii

Nsojja v National Water and Sewerage Corporation (Miscellaneous Appeal No. 1 of 2021)

High Court · [2022] UGHCLD 153 · 2022 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from interlocutory injunction order granted by Acting Deputy Registrar
Decision
Appeal dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Acting Deputy Registrar properly exercised his discretion in granting a temporary injunction. Affidavit evidence was sufficient to establish a prima facie case, threat of waste and alienation through the appellant's digging of holes and attempted fencing, and that the balance of convenience favoured the respondent whose intended water reservoir project served the public interest. The injunction preserved the status quo and did not determine ownership rights pending determination of the main suit. Appeal dismissed.

Outcome

Appeal dismissed with costs to the respondent

Facts

The respondent (National Water and Sewerage Corporation) filed Civil Suit No. 499 of 2020 against the appellant claiming trespass on its land at Block 232, Plot 1053, Kireka measuring 0.484 hectares. The respondent then filed Miscellaneous Application No. 1167 of 2020 for a temporary injunction, alleging the appellant had encroached on the land by digging holes and erecting poles. The respondent stated it intended to construct a water reservoir on the land to supply water to surrounding areas. The Acting Deputy Registrar granted the temporary injunction. The appellant, who claimed to have been in physical possession since purchasing the land in 1992, appealed, arguing the injunction was granted on mere averments without proof, altered the status quo, dispossessed him before determination of the main suit, and conclusively determined ownership rights.

Issues

  1. Whether the Acting Deputy Registrar erred in granting a temporary injunction on affidavit evidence without independent proof of the respondent's intention to construct a water reservoir.
  2. Whether the Acting Deputy Registrar erred in granting the injunction without sufficient proof of threat of waste, damage or alienation of the suit property.
  3. Whether the Acting Deputy Registrar failed to properly evaluate the evidence on record.
  4. Whether the injunction altered the status quo or determined ownership rights before the substantive suit.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Affidavit Evidence — Sufficiency of Proof
An affidavit is not a mere averment but is a voluntary declaration of facts written down and sworn to by the deponent before a Commissioner of Oaths, constituting evidence which if not rebutted is taken as the truth. For temporary injunction applications, affidavit evidence is the proper mode of proof and an applicant need only show a prima facie case with a probability of success, with detailed evidence to be adduced in the main suit.
Civil Procedure — Temporary Injunctions — Proof of Threat — Waste and Alienation
Under Order 41 Rule 1 of the Civil Procedure Rules, affidavit evidence showing that a party has been digging holes on disputed land and attempting to fence off portions of it is sufficient proof of threat of waste and alienation to ground the grant of a temporary injunction.
Civil Procedure — Temporary Injunctions — Principles for Grant — Kiyimbo Kaggwa Test
A temporary injunction will be granted where: (i) the applicant shows a prima facie case with a probability of success; (ii) the applicant might suffer irreparable injury which would not be adequately compensated by damages; and (iii) if the court is in doubt, the balance of convenience favours the applicant.
Civil Procedure — Temporary Injunctions — Balance of Convenience — Public Interest
On the balance of convenience, where a respondent's intended activity on disputed land is to construct a water reservoir for public water supply, the public good and interest weighs in favour of granting the temporary injunction to preserve the status quo pending determination of ownership in the main suit.
Civil Procedure — Temporary Injunctions — Status Quo — Determination of Rights
The purpose of a temporary injunction is to preserve the status quo until the question to be investigated in the suit is finally disposed of. A court considering an application for temporary injunction has no jurisdiction to determine ownership rights, which must be conclusively determined in the main suit.

Legislation cited (6)

Cases cited (2)

  • Sugar Corporation of Uganda Limited v Mohomed Tejon (HCCS No. 39 of 1993)
  • Kiyimbo Kaggwa v Hajji A.N Katende [1985] HCB 43

Full judgment

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

Nsojja_v_National_Water_and_Sewerage_Corporation_(Miscellaneous_Appeal_No._1_of_2021)_[2022]_UGHCLD_153_(12_August_2022)
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.