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Ssekyansanku & 12 Others v Aronda (Miscellaneous Application 196 of 2024)

High Court · [2025] UGHC 146 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review and setting aside of consent temporary injunction order arising from Miscellaneous Application No. 18 of 2022
Decision
Consent temporary injunction order reviewed and set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court reviewed and set aside a consent temporary injunction order entered in Miscellaneous Application No. 18 of 2022. The court held that the 1st to 7th applicants, though not parties to the original application, were aggrieved persons affected by the consent order. The 8th to 14th applicants' consent was entered by their advocate without their personal endorsement. The court found it irregular that the Deputy Registrar did not summon all parties to confirm their agreement to the consent terms, and set aside the consent order.

Outcome

Consent temporary injunction order reviewed and set aside

Facts

The respondent sued the 8th to 14th applicants in Civil Suit No. 044 of 2022 seeking declarations of ownership over land comprised in Block 711 Plot 3, Block 710 Plot 19, Block 711 Plot 7 Mubende District and Plot 5 Block 709 Kiboga District, and orders for eviction and damages. The respondent obtained an interim order on 10 February 2022 restraining the defendants from trespassing on the suit land. On 5 July 2022, a consent temporary injunction order was entered maintaining the status quo. The 1st to 7th applicants, who held a representative order for 317 persons affected by the respondent's actions on the suit land, alleged they were evicted following the interim order despite not being parties to the application. They contended that crops and gardens were destroyed and families evicted, supported by correspondence from the Ministry of Lands, State House Anti-Corruption Unit, and food relief delivery by the Office of the Prime Minister. The 8th to 14th applicants challenged the consent order, stating it was signed by their lawyer without their personal endorsement or proper service of summons.

Issues

  1. Whether the consent temporary injunction orders in Miscellaneous Application No. 18 of 2022 should be reviewed and set aside.
  2. What remedies are available to the parties?

Orders

  • The first prayer for setting aside the interim order issued on 10 February 2022 vide Miscellaneous Application No. 19 of 2022 was abandoned and allowed with no costs.
  • The consent injunction order in Miscellaneous Application No. 18 of 2022 is hereby reviewed and set aside.
  • Each party to bear its own costs of this application.

Rules and key headnotes

Civil Procedure — Review of Judgments and Orders — Aggrieved Persons — Standing of Non-Parties
The right to apply for review under Section 82 of the Civil Procedure Act is not restricted to parties to the original proceedings but is available to any person considering himself or herself aggrieved by a decree or order, including third parties affected by the order.
Civil Procedure — Consent Judgments and Orders — Grounds for Setting Aside
A consent judgment or order may be set aside if obtained by fraud, collusion, agreement contrary to court policy, consent given without sufficient material facts, in misapprehension or ignorance of material facts, or for any sufficient reason that would enable a court to set aside an agreement.
Civil Procedure — Consent Orders — Procedural Irregularity — Failure to Confirm Parties' Agreement
Where a consent order is signed by advocates on behalf of parties without the parties personally endorsing the consent, and the court fails to summon the parties to confirm their agreement to the terms, such omission constitutes a procedural irregularity that may justify setting aside the consent order on review.
Civil Procedure — Legal Representation — Authority of Advocates
When a party appoints an advocate to represent him or her, that advocate acts for and on behalf of that party unless the party expressly shows that he or she has withdrawn instructions from the advocate. A matter can proceed in the absence of a party when the party is legally represented by an advocate.

Legislation cited (13)

Cases cited (11)

  • Attorney General and Another v James Mark Kamoga and Another (Supreme Court Civil Appeal No. 8 of 2004)
  • Ladak Abdul Mohammed Hussein v Griffiths Isingoma Kakiiza (Supreme Court Civil Appeal No. 8 of 1995)
  • Hirani V Kassam (1952) EA 131
  • Mohamed Allibhai v W.E Bukenya and Another (Supreme Court Civil Appeal No. 56 of 1996)
  • Byaruhanga & Co. Advocates v UDB (Supreme Court Civil Appeal No. 2 of 2007)
  • Neville James Stevens v Sandra Stevens (High Court Miscellaneous Application No. 368 of 2016)
  • Linda Lucia v Nakandi and Another (Miscellaneous Application No. 464 of 2019)
  • RE Nakivubo Chemist (U) Ltd [1979] HCB 12
  • Adonia v Mutekenga [1970] EA 429
  • Musisi Nakibinge and Others v Kikulwe Ahmed (High Court Miscellaneous Application No. 775 of 2024)
  • Friedhelm Erwin Jost and Another v ROKO Construction Limited and 2 Others (Miscellaneous Application No. 89 of 2021)

Full judgment

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

Ssekyansanku & 12 Others v Aronda (Miscellaneous Application 196 of 2024) [2025] UGHC 146 (4 April 2025)
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.