Wakilii

Twed Property Development Limited v Uganda Investment Authority and 2 Others [2020] UGHCCD 231

High Court · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim injunction arising from application for temporary injunction and judicial review proceedings
Decision
Interim injunction granted prohibiting developments on disputed land pending determination of substantive application and judicial review proceedings

Observed later treatment

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Holding

The High Court granted an interim injunction prohibiting the respondents from carrying out developments on disputed land pending determination of the main application for temporary injunction and judicial review. The court held that the applicant established serious triable issues concerning the grant and non-renewal of a lease and breach of legitimate expectation. The status quo to be preserved was that the land should not be dealt with in any way before the court determines the validity of the non-renewal and subsequent allocation to other parties.

Outcome

Interim injunction granted prohibiting developments on disputed land pending determination of substantive application and judicial review proceedings

Facts

The applicant was allocated 5 acres of land in Namanve Industrial Park by the 1st respondent in September 2011 for construction of residential, office developments and a 4-star hotel. The applicant spent over 15 months settling squatters, completed survey in October 2013, and obtained permission to fence the land. In April 2014, the applicant applied to change the user to a modern warehouse and logistics centre. The 1st respondent subsequently refused to renew the applicant's lease and allocated the land to the 2nd and 3rd respondents in 2020. The 2nd respondent was allocated 3 acres on a 5-year lease starting July 2020 and had commenced developments including survey, fencing, and construction of a perimeter wall. The applicant brought judicial review proceedings challenging the revocation and reallocation, and applied for interim injunction to preserve the status quo.

Issues

  1. Whether the applicant has established a prima facie case with probability of success warranting the grant of an interim injunction.
  2. Whether the balance of convenience favours the grant of an interim injunction.
  3. Whether the applicant would suffer irreparable injury if the interim injunction is not granted.
  4. What is the status quo to be preserved pending determination of the substantive application.

Orders

  • Application allowed.
  • An interim order issues prohibiting the respondents from carrying on any developments on the land comprised in Kyaggwe Block 113 Plot 572 (Plot 1639 & 1638 Block 113) till the disposal of the main application for temporary injunction and the main cause for judicial review.

Rules and key headnotes

Interim Injunctions — Test for Grant — Prima Facie Case
An interim injunction is a discretionary order issued by court for a short time pending determination of the main application. The court must be satisfied that the claim is not frivolous or vexatious and that there is a serious question to be tried. A prima facie case does not mean the case must be proved to the hilt; it means there should be a triable issue raising a prima facie case for adjudication.
Interim Injunctions — Status Quo — Preservation Pending Determination
The purpose of granting an injunction is to preserve the status quo, which is the last actual peaceable uncontested status which preceded the pending controversy. An order to maintain the status quo is intended to prevent any of the parties from taking any action until the matter is resolved by court, so that a party's position is not prejudiced in the meantime.
Judicial Review — Interim Relief — Protection of Rights Pending Review
Where an application for judicial review raises serious triable issues concerning the exercise of power by a public body, the court should be willing to extend its hand to protect a citizen who is being wronged or deprived of property without authority of law or without following fundamental and vital procedures. The status quo should be preserved to avoid creating third party claims or developments before determination of the substantive challenge.
Interim Injunctions — Discretionary Nature — Irreparable Loss
The court's power to grant an interim injunction is extraordinary in nature and must be exercised cautiously and with circumspection. A party is not entitled to this relief as a matter of right. Grant of interim injunction being an equitable remedy, it is in the discretion of the court and such discretion must be exercised in favour of the applicant only if the court is satisfied that, unless the respondent is restrained, irreparable loss or damage will be caused to the applicant.

Legislation cited (5)

Cases cited (4)

  • Anifa Bangirana v Attorney General (Miscellaneous Application No. 46 of 2010)
  • American Cyanamid v Ethicon [1975] ALL ER 504
  • Victor Construction Works Ltd v Uganda National Roads Authority (HCMA No. 601 of 2010)
  • Humphrey Nzeyi v Bank of Uganda and Attorney General (Constitutional Application No. 01 of 2013)

Full judgment

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

Twed Property Development Limited v Uganda Investment Authority and 2 Others 2020 UGHCCD 231 (3 November 2020)
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.