Wakilii

State Wide Insurance Company Limited v Kisozi Complex (U) Limited and Others [2025] UGHC 311

High Court · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from ongoing civil suit concerning disputed land title
Decision
Temporary injunction granted for six months to preserve status quo pending expedited hearing of main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a temporary injunction for six months restraining the respondents from dealing with land comprised in Kyeitaba Kyadondo Block 246 and its subdivided plots, finding that the applicant demonstrated a prima facie case, would suffer irreparable damage if caveats were removed during the pendency of the main suit, and that the balance of convenience favoured preserving the status quo until the substantive dispute over title could be resolved.

Outcome

Temporary injunction granted for six months to preserve status quo pending expedited hearing of main suit

Facts

The applicant claimed to have purchased land comprised in Kyeitaba Kyadondo Block 246 Plot 247 in 1986 from the registered proprietor and was registered as proprietor on 13 November 1986. Around 2015, the 1st respondent allegedly interfered with the applicant's possession by procuring registration as proprietor through fraudulent means, then subdividing the land and transferring portions to third parties. The applicant lodged multiple caveats on the subdivided plots and instituted Civil Suit No. 590 of 2017 seeking cancellation of the respondents' certificates of title. In October 2024, the applicant received notice that the 1st respondent had applied to remove the caveats. The applicant sought a temporary injunction to prevent removal of the caveats and further dealing with the disputed land pending resolution of the main suit. The respondents denied applying for caveat removal and the 7th respondent claimed to be a bona fide purchaser of one of the subdivided plots.

Issues

  1. Whether the applicant should be granted a temporary injunction to restrain dealing with disputed land pending the hearing of the main suit.
  2. Whether the applicant demonstrated a prima facie case with a probability of success.
  3. Whether the applicant would suffer irreparable damage if the temporary injunction is not granted.
  4. Whether the balance of convenience favours the grant of a temporary injunction.

Orders

  • Temporary injunction granted restraining the respondents, their officials, agents or any persons claiming title thereunder from sale, mortgage, transfer, alienation, disposition, demolition or any other form of interference with the property comprised in land at Kyeitaba Kyadondo Block 246 Plots 2159, 2152, 2158, 2096, 2155, 2149 and all other properties subdivided from land formerly comprised in Kyeitaba Kyadondo Block 246 Plot 247.
  • Temporary injunction granted for six months only, subject to renewal from date of delivery of ruling.
  • Main trial to be heard in an expeditious manner.
  • Each party to bear their own costs.

Rules and key headnotes

Temporary Injunctions — Principles for Grant — Three-Part Test
Before exercising discretion to grant a temporary injunction, the applicant must demonstrate: (1) a prima facie case with a probability of success; (2) likelihood of suffering irreparable damage which cannot be adequately compensated by damages; and (3) where the first two considerations are in doubt, that the balance of convenience favours the grant.
Temporary Injunctions — Prima Facie Case — Standard of Proof
To establish a prima facie case for a temporary injunction, the applicant must satisfy the court that the claim is not frivolous or vexatious and that there is a serious question to be tried, but need not demonstrate that the claim will ultimately succeed.
Caveats — Removal During Pending Litigation — Irreparable Damage
Where a caveat protects a party's claimed interest in land that is the subject of pending litigation, removal of the caveat would expose the land to alienation and dealing during the suit, constituting irreparable damage that cannot be adequately compensated by monetary damages.
Temporary Injunctions — Purpose — Preservation of Status Quo
The purpose of granting a temporary injunction is to preserve the status quo, defined as the actual state of affairs on the suit premises prior to the filing of the suit, until the substantive question can finally be disposed of.
Temporary Injunctions — Balance of Convenience — Application
The balance of convenience favours granting a temporary injunction where the applicant claims an interest in property currently registered in the respondent's name and seeks to prevent alienation pending determination of the substantive dispute over title.

Legislation cited (5)

Cases cited (6)

  • Sarqat us Patel (1949) 16 EACA 63
  • GApco Uganda Ltd v Kaweesa & Anor (Misc. App. No. 259 of 2013)
  • Viola Aiok and Anor v Andrews Ojok and Anor (Misc. App. No. 179 of 2007)
  • Prof. Peter Anyang' Nyong'O & Others v The Attorney General of Kenya & Others (EACJ Case Ref. No. 1 of 2006)
  • American Cyanamid v Ethicon [1975] ALLER 504
  • Kivumba Kaggua v Hajji Abdu Nasser Katende [1985] HCB 43

Full judgment

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State Wide Insurance Company Limited v Kisozi Complex (U) Limited and Others 2025 UGHC 311 (20 May 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.