Tugume Wilson and Others v Engano Millers Limited and Another (Civil Application No. 21 of 2025)

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 applicants sought an interlocutory mandatory injunction to be restored to land from which they had been evicted, pending their appeal. Sitting as a single Justice, the Court held that granting such relief would determine substantive aspects of the pending appeal and pre-empt matters reserved for a full bench, since one of the prayers in the underlying suit was eviction of the respondents from the suit land. A mandatory injunction of this nature at the Court of Appeal can only be granted by a full bench, not a single Justice. Having found it lacked jurisdiction, the Court declined to assess whether the applicants met the test for the relief and dismissed the application.

Outcome

Application for an interlocutory mandatory injunction dismissed; the single Justice held she lacked jurisdiction to grant the relief sought

Facts

The applicants claimed to have been born and raised on land at Kiryandongo comprised in LRV Folio 4 Plot 3. In 2014 they sued the respondents in Civil Suit No. 8 of 2014 alleging fraudulent purchase of the land; judgment went against them and they appealed in Civil Appeal No. 455 of 2024. Earlier, the applicants' mother, Grace Kyamukuka, had sued the first respondent in Civil Suit No. 4 of 2012 for recovery of 292 acres, and judgment was entered in favour of the first respondent. When the first respondent executed that decree, the applicants alleged they were evicted from roughly 992 hectares (about 2,450 acres), far exceeding the 292 acres covered by the decree. The respondents maintained that they had only ever taken possession of the land save the 292 acres occupied by the applicants' family, that the execution complied with the judgment in Civil Suit No. 4 of 2012, and that the application was an abuse of process disguised as an attempt to set aside that execution in a separate suit.

Issues

1. Whether a single Justice of the Court of Appeal has jurisdiction to grant an interlocutory mandatory injunction restoring the applicants to the suit land pending the determination of the appeal.
2. Whether the applicants satisfied the conditions for the grant of a temporary mandatory injunction.

Orders

• The application is dismissed.
• The costs shall abide the outcome of the appeal.

Rules and key headnotes

Legislation cited (5)

• Judicature (Court of Appeal Rules) S.I 13-10 r.2(2)
• Judicature (Court of Appeal Rules) S.I 13-10 r.6(2)(b)
• Judicature (Court of Appeal Rules) S.I 13-10 r.43(1)
• Judicature (Court of Appeal Rules) S.I 13-10 r.44(1)
• Judicature (Court of Appeal Rules) S.I 13-10 r.76

Cases cited (10)

• Alcon International Ltd v The New Vision Publishing Co. Ltd
• Rashida Abdul Hanali & Anor v Suleiman Adrisi (Miscellaneous Application No. 0011 of 2017)
• Nottingham Building Society v Eurodynamics Systems PLC [1993]
• Ivan Samuel Ssebaduka v Yoweri Kaguta Museveni and 3 Others (Presidential Petition No. 1 of 2020)
• Shell (U) Ltd & 9 Others v Rock Petroleum & 2 Others (HCCS No. 645 of 2010)
• Wandera & 2 Ors v Mugenyi & Anor (Civil Appeal No. 61 of 2009)
• Locabail International Finance Ltd v Agroexport and Ors [1986] 1 All ER 901
• Kyejusa Henry and Another v Placid Maria Ssekamate and Others (Civil Application No. 662 of 2024)
• Shepherd Homes Ltd v Sandham [1970] 3 All ER 402
• Zhang Juan and 2 Others v Chen Chao and 2 Others (Civil Application No. 75 of 2023)

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.

• Simba Properties Investment Co. Ltd and Others v Vantage Mezzanine Fund II Partnership (Civil Application No. 0023 of 2025)

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