Tibulya J.v Kusasira and Another (Miscellaneous Application No. 35 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted a temporary injunction restraining the respondents from further construction on the disputed land pending determination of the main suit. The applicant established a prima facie case, risk of irreparable injury, and the balance of convenience favoured preserving the status quo given the advanced stage of the main suit proceedings.
Outcome
Temporary injunction granted pending determination of the main suit
Facts
The applicant filed a suit in 2021 claiming ownership of land at Kyaggwe Block 94 Plot 470 Buddugala and seeking a permanent injunction against the respondents. She obtained default judgment against the second respondent. While the main suit was part-heard against the first respondent, the applicant discovered someone constructing structures on the suit land in January 2023. The first respondent claimed to own a kibanja interest of 3.6 acres on the land, which she acquired in 2008, and later purchased the mailo interest in 2013 from the second respondent. The first respondent contended that the suit land was erroneously subdivided and registered in the applicant's name through fraud involving a vesting order relating to different land and different parties. The applicant sought a temporary injunction to stop further construction pending determination of the main suit.
Issues
- Whether the applicant established a prima facie case with probability of success for the grant of a temporary injunction.
- Whether the applicant would suffer irreparable injury which cannot adequately be compensated by damages.
- Whether the balance of convenience favours the grant of a temporary injunction.
Orders
- A temporary injunction is issued restraining the Respondents or their agents from any further construction of structures on the suit land at Kyaggwe Block 94 Plot 470 land at Buddugala until the determination of Civil Suit No. 045 of 2021.
- The costs of this application shall abide the final outcome of Civil Suit No. 045 of 2021.
Rules and key headnotes
Legislation cited (3)
Cases cited (2)
- Shiv Construction Co. Ltd (Supreme Court Civil Appeal No. 34 of 1992)
- Kiyimba Kaggwa v Haji Abdu Nasser Katende (1985) HCB 43
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.