Wakilii

Salongo Lukwago and 2 Others v Ssentongo and Another (Miscellaneous Appeal 482 of 2024)

High Court · [2024] UGHCLD 146 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Deputy Registrar's decision granting temporary injunction in Miscellaneous Application No. 3660 of 2023
Decision
Appeal dismissed with costs to respondents; injunctive order of Deputy Registrar upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an appeal against the Deputy Registrar's grant of a temporary injunction. The court held that appellants who chose not to oppose an application by failing to file an affidavit in reply cannot subsequently appeal orders granted in those exact terms. Additionally, the appeal was filed 15 days after the Deputy Registrar's decision without seeking leave to file out of time, contrary to the seven-day limit in Section 79(b) of the Civil Procedure Act, rendering it improper and unable to be entertained.

Outcome

Appeal dismissed with costs to respondents; injunctive order of Deputy Registrar upheld

Facts

The respondents obtained a temporary injunction from the Deputy Registrar restraining the appellants from occupying, selling, transferring, developing or dealing with suit property pending determination of the main suit in Civil Suit No. 1385 of 2023. The appellants were served with Miscellaneous Application No. 3660 of 2023 but filed no affidavit in reply. At a hearing on an unspecified date in late 2023, they were granted time to file a reply by 20/12/2023 and written submissions, but filed neither by the time the Deputy Registrar delivered the ruling on 14/12/2024. The Deputy Registrar granted the injunction in the exact terms sought. The appellants filed this appeal on 1/3/2024, seeking to set aside the injunction and maintain the status quo pending the main suit.

Issues

  1. Whether the appellants' failure to file an affidavit in reply to the application for temporary injunction before the Deputy Registrar precluded them from appealing the granted orders.
  2. Whether the appeal was filed within the statutory time limit prescribed by Section 79(b) of the Civil Procedure Act.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Effect of Failure to Oppose
Where a party duly served with an interlocutory application fails to file an affidavit in reply, this implies the party does not oppose the application and is in agreement with the facts stated and orders sought therein, and such party is bound by orders granted in the application and cannot subsequently appeal them.
Civil Procedure — Evidence — Uncontroverted Affidavit Evidence
Facts adduced by affidavit evidence that are neither denied nor rebutted are presumed to be admitted.
Civil Procedure — Appeals from Deputy Registrar — Time Limits
Under Section 79(b) of the Civil Procedure Act, every appeal against the order of a registrar must be filed within seven days from the date of the order, and an appeal filed outside this period without leave of court to file out of time is improper and cannot be entertained.

Legislation cited (1)

Cases cited (3)

  • Kaahwa Francis v Commissioner Land Registration (HCMA No. 2 of 2012)
  • William Akankwasa v Registrar of Titles (HCMA No. 33 of 2008)
  • Murangwa Bruno and Another v Luyimbazi James (Miscellaneous Appeal No. 0016 of 2019)

Full judgment

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

Salongo_Lukwago_and_2_Others_v_Ssentongo_and_Another_(Miscellaneous_Appeal_482_of_2024)_[2024]_UGHCLD_146_(24_May_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.