Takiya Kaswahiri v Kajungu (Civil Miscellaneous Application 106 of 2015)

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 applicant sought an interim order to restrain the respondent from developing the suit land pending an application for leave to appeal to the Supreme Court. The Court found that the applicant had filed the application for leave to appeal more than a year after the Court's judgment, with no explanation for the delay by either of his successive lawyers. While preserving the right of appeal is an end of justice the Court must enforce, a party seeking such preservation must not be guilty of dilatory conduct. Given the applicant's dilatory conduct and the respondent's entitlement to enjoy the fruits of the decree after litigation since 2007, the Court declined to grant the interim order and dismissed the application with costs.

Outcome

Application for interim order dismissed with costs to the respondent

Facts

The parties disputed land at Kashenyi, Kyera, Birere, Isingiro District. The dispute began in 2007 in the Magistrate Grade I Court Mbarara (Civil Suit No. 0352 of 2007), which found the applicant to be owner. On appeal, the High Court at Mbarara held the respondent was the owner. The applicant appealed to the Court of Appeal in Civil Appeal No. 85 of 2011. On 18 February 2014 the Court of Appeal partly dismissed the appeal but set aside the award for general damages and mesne profits. The applicant instructed Bwengye & Company Advocates to appeal to the Supreme Court, but they only filed a Notice of Appeal on 27 February 2014 and did not pursue it. The applicant then instructed Kamba Hassan, who filed an application for extension of time to seek leave to appeal on 8 April 2015, more than a year after the judgment. The applicant sought an interim order to restrain the respondent from disposing of the suit land pending disposal of the leave application.

Issues

1. Whether the applicant should be granted an interim order restraining the respondent from developing and interfering with the suit land pending disposal of the application for leave to appeal to the Supreme Court.

Orders

• Application dismissed with costs to the respondent.

Rules and key headnotes

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.

• Kangave Mustafa v Pride Microfinance Limited (MDI) (Labour Dispute Reference No. 88 of 2020)

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