Wakilii

Sserunjogi Geofrey v Asiimwe Diana and Others (Miscellaneous Application 7672 of 2025)

High Court · [2026] UGHCFD 9 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review and setting aside of temporary injunction order issued by Assistant Registrar
Decision
Temporary injunction set aside; applicant to enjoy quiet possession of the property

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the temporary injunction issued by the Assistant Registrar was granted without jurisdiction and in error. The suit land had already been lawfully sold pursuant to a subsisting consent judgment before the injunction application was filed. The applicant, as a bona fide purchaser for value without notice who became registered proprietor, acquired an indefeasible title. The Assistant Registrar could not issue an injunction over a matter concluded by order of a High Court judge. The injunction was set aside.

Outcome

Temporary injunction set aside; applicant to enjoy quiet possession of the property

Facts

The late Rwakaikara John's estate land was ordered sold by consent judgment in HCCS No. 250 of 2021 dated 10th October 2023, with the 3rd and 4th respondents appointed as administrators. On 29th February 2024, they sold the land to Ssendisa Sunday Silvester for UGX 1,650,000,000, who took possession and fenced it. Silvester subsequently sold the land to the applicant on 3rd March 2024. The applicant obtained a leasehold certificate of title and was registered as proprietor on 6th February 2025. On 5th February 2025, the 1st and 2nd respondents filed MA No. 266 of 2025 seeking a temporary injunction to restrain dealings with the estate property. The Assistant Registrar granted the injunction on 6th August 2025 without making the applicant a party. The applicant learned of the injunction on 6th August 2025 and filed this application for review.

Issues

  1. Whether there is justification for the court to review and set aside the order of a temporary injunction issued in MA No. 266 of 2025.

Orders

  • The injunction order of the Assistant Registrar issued on 6th August 2025 in MA No. 266 of 2025 is set aside.
  • The applicant should enjoy quiet possession of his lawfully acquired property.
  • Costs of this application shall be borne by the respondents.

Rules and key headnotes

Review of Orders — Jurisdiction — Assistant Registrar Cannot Override High Court Judge's Orders
An Assistant Registrar lacks jurisdiction to issue an injunction that effectively sets aside or contradicts a subsisting order of a High Court judge. Where a consent judgment has ordered the sale of estate property, a subsequent injunction by the Assistant Registrar restraining that sale is issued without jurisdiction.
Temporary Injunctions — Completed Acts — No Injunction to Restrain What Has Already Occurred
A temporary injunction cannot be granted to restrain an act that has already been completed. Where estate property has been lawfully sold pursuant to a court order and possession transferred before the injunction application is filed, there is no status quo to preserve and the injunction is inappropriate.
Bona Fide Purchaser for Value — Indefeasible Title — Registration of Titles Act s.59
Under Section 59 of the Registration of Titles Act, a registered proprietor who is a bona fide purchaser for value without notice of fraud acquires an indefeasible title that cannot be impeached unless fraud is specifically pleaded and proved against them personally. Where a purchaser acquires land lawfully, has no notice of any fraud or pending challenge at the time of purchase, and becomes registered as proprietor, their title is protected by law.
Review — Locus Standi — Third Party Affected by Order
A person who is not a party to proceedings but whose proprietary interests are directly affected by an order made in those proceedings has standing to apply for review of that order. Where an injunction restrains dealings with property owned by a third party who was not made a party to the application, that third party is a person aggrieved with locus standi to seek review.
Sale of Estate Property — Consent Judgment — Binding Effect
A consent judgment ordering the sale of estate property and appointing administrators to effect that sale has the force of a decree and remains binding until set aside. Where administrators sell estate property pursuant to such an order, the sale is lawful and the estate ceases to have proprietary interest in the property once it passes to the purchaser.

Legislation cited (9)

Cases cited (4)

  • Ladak Abdulla Muhammad Hussein v Griffiths Isingoma Kakiiza and 2 Others (Supreme Court Civil Appeal No. 8 of 1995)
  • Ex parte Side Botham in re Side Botham (1880) 14 Ch. D 458 at 465
  • Giella Vs Casman Brown [1973] EA 358
  • Hubbard v Vosper [1972] 2 QB 84 (CA)

Full judgment

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

Sserunjogi Geofrey v Asiimwe Diana and Others (Miscellaneous Application 7672 of 2025) [2026] UGHCFD 9 (28 January 2026)
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.