Olum Tremors, Olum Thomas & Bagonza Alex v Akongo Maratina & Orach Sam (Miscellaneous Application 246 of 2023)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The single Justice granted a temporary injunction restraining the respondents from trespassing on, constructing on, alienating or evicting the applicants from the suit land at Apollo Ground, Kitgum, pending Civil Appeal No. 168 of 2021. Applying the criteria in E.L.T Kiyimba Kaggwa v Katende, the court found a prima facie case raising serious triable questions, a real risk of irreparable injury given the existing structure and long-standing possession, and that the balance of convenience favoured the applicants, especially as the respondents filed neither affidavit nor submissions. Costs of the application were ordered to abide the result of the appeal.

Outcome

Temporary injunction granted pending determination of Civil Appeal No. 168 of 2021

Facts

In 1998 the second applicant, Olum Thomas, purchased land at Apollo Ground, Kitgum, from Apio Santa for UGX 100,000, took possession, constructed a building and paid ground rent to the town council. The land had originally belonged to Alur Jilder, who died intestate, and under Acholi custom vested jointly in her two daughters, Martina Akongo (first respondent) and Apio Santa. In 2012 the first respondent sued the applicants for trespass and a declaration of ownership; the trial court found that Apio Santa lacked capacity to sell jointly owned land, rendering the sale void, and ruled for the respondent. An appeal to the High Court (Civil Appeal No. 0021 of 2015 at Gulu) was dismissed, and a further appeal (Civil Appeal No. 168 of 2021) was pending in the Court of Appeal. The applicants alleged that persons believed to be the respondents' agents had ferried construction materials and excavated the suit land intending to build, prompting this application.

Issues

1. Whether the applicants satisfied the conditions for the grant of a temporary injunction restraining the respondents from interfering with the suit land pending the determination of the appeal.

Orders

• A temporary injunction doth issue maintaining the status quo and restraining the respondents, their agents and employees from trespassing on, constructing, grading, selling, partitioning or alienating any part of the suit land at Apollo Ground, West Village, Kitgum Municipality, and from evicting the applicants, until the determination of Civil Appeal No. 168 of 2021.
• The costs of this application shall abide the result of the appeal.

Rules and key headnotes

Legislation cited (8)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Act Cap 71 s.25
• Civil Procedure Rules SI 71-1 Order 41 r.1(a)
• Civil Procedure Rules SI 71-1 Order 50
• Civil Procedure Rules SI 71-1 Order 52 rr.1, 2, 3
• Judicature (Court of Appeal) Rules r.2(2)
• Judicature (Court of Appeal) Rules r.6(2)(b)
• Judicature (Court of Appeal) Rules r.51(b)

Cases cited (5)

• Makerere University v St Mark Education Institute Ltd & Others 1994 KALR 26
• Robert Karruma v M/s Hotel International SCCA No. E of r99o
• E.L.T Kiyimba Kaggwa v Haji Abdu Nasser Katende [1985] HCB 43
• Gapco Uganda Ltd v Kaweesa & Anor (Miscellaneous Application No. 259 of 2013)
• American Cyanamid Co v Ethicon Ltd [1975] AC 396

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Ntambara v Segawole (Civil Application 52 of 2025)

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