Wakilii

Okoboi & 15 Others v Mbale City & Another (Miscellaneous Application 172 of 2024)

High Court · [2024] UGHC 1109 · 2024 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the Assistant Registrar's ruling dismissing an application for a temporary injunction restraining reallocation of market lockup shops
Decision
Appeal allowed with temporary injunction granted restraining reallocation of lockup shops pending final determination of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the appeal and set aside the Assistant Registrar's ruling. The court held that the appellants were in constructive possession of the lockup shops through agents who collected rent, thereby establishing sufficient interest to warrant protection. A temporary injunction was granted restraining the respondents from reallocating the lockup shops pending determination of the main suit, as the appellants would otherwise suffer irreparable injury and the balance of convenience favoured maintaining the status quo.

Outcome

Appeal allowed with temporary injunction granted restraining reallocation of lockup shops pending final determination of the main suit

Facts

The applicants claimed to be lawful allocates and holders of interests in lockup shops in Mbale Central Market since the 1980s prior to the market's establishment. The respondents sought to reallocate these lockup shops, allegedly on a presidential directive, despite the applicants' allocation letters not having been cancelled. The applicants filed an application for a temporary injunction to restrain the reallocation. At locus in quo, the court observed that third parties occupied the lockup shops but the applicants collected rent from these occupants through agents, employees, or family members. The Deputy Town Clerk confirmed during the visit that the purported reallocations were still pending necessary approvals. The Assistant Registrar dismissed the application for temporary injunction, finding that the applicants lacked possession and their leases had expired. The applicants appealed against this ruling.

Issues

  1. Whether the Assistant Registrar erred in dismissing the application for a temporary injunction.
  2. Whether the appellants would suffer irreparable injury if the temporary injunction was not granted.
  3. Whether the balance of convenience favoured granting the temporary injunction.
  4. Whether the status quo should be maintained pending determination of the main suit.

Orders

  • Appeal allowed.
  • The trial Assistant Registrar's ruling and orders are set aside.
  • A temporary injunction is issued restraining the Respondents by themselves, their agents, officers and all other persons acting under their authority from reallocating, re-assigning and or in any way interfering with the Applicants rights/interest over their individual lockup shops described as lock up numbers F-2007, F-1079, F-2011, F-2021, F-2023, F-2102, F-L-0014, F-2025, F-2033, F-2053, F-2026, F-1067, L-0004, F-2019 and F-2049 in Mbale central market, Mbale City pending determination of the main suit.
  • The status quo regarding the registration/allocation status of lockup numbers F-2007, F-1079, F-2011, F-2021, F-2023, F-2102, F-L-0014, F-2025, F-2033, F-2053, F-2026, F-1067, L-0004, F-2019 and F-2049 in Mbale central market, Mbale city shall be maintained pending determination of the main suit.
  • Each party shall bear its own costs.

Rules and key headnotes

Civil Procedure — Temporary Injunction — Possession Through Agents
An applicant for a temporary injunction may establish possession or control over property by demonstrating that they exercise rights over it indirectly through agents, employees, associates, relatives or family members, such as by collecting rent from occupants.
Civil Procedure — Temporary Injunction — Irreparable Injury
Where an applicant demonstrates constructive possession of property and there is a real likelihood that third party interests will be created pending determination of the main suit, the applicant will suffer irreparable injury if a temporary injunction is not granted.
Civil Procedure — Temporary Injunction — Balance of Convenience
The balance of convenience favours granting a temporary injunction where the applicants are in possession through agents and there is a pending civil suit, in order to avoid creation of third party rights during the pendency of the suit.
Civil Procedure — Temporary Injunction — Status Quo
The main purpose of a temporary injunction is to maintain the status quo or to preserve property in the state it is until final determination of the main suit. Where property has not been formally reallocated and the applicants remain in constructive possession, the status quo favours maintaining their position.
Civil Procedure — Appeal from Registrar — Powers of High Court
Under Order 50 rule 8 of the Civil Procedure Rules, any person aggrieved by any order of a registrar may appeal from that order to the High Court by motion on notice.

Legislation cited (8)

Cases cited (2)

  • Giella v Cassman Brown & Co Ltd [1973] 1 EA 358
  • ELT Kiyimba Kaggwa v Haji Abdu Nasser Katende (Civil Suit No. 2109 of 1984) [1985] HCB

Full judgment

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

Okoboi & 15 Others v Mbale City & Another (Miscellaneous Application 172 of 2024) [2024] UGHC 1109 (9 December 2024)
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.