Zenith Business College Ltd v Ntanda (Misc. Application No. 920 of 2012)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Application for temporary injunction granted. The court exercised its judicial discretion to preserve the status quo by restraining the respondent from trespassing, digging, clearing, or interfering with the applicant's use of land comprised in Block 12, Plots 1058 and 1059 Kibuga Mengo until final disposal of the main suit.

Outcome

Temporary injunction granted pending final disposal of the main suit

Facts

The applicant, Zenith Business College Ltd, owned land comprised in Block 12, Plots 1058 and 1059 Kibuga Mengo. The respondent, Jimmy Parma Ntanda, was allegedly trespassing on the property, digging and clearing the land, and interfering with the applicant's use and ownership. The applicant sought a temporary injunction to restrain the respondent pending final disposal of the main suit. The respondent opposed the application through an affidavit in reply.

Issues

1. Whether a temporary injunction should be granted to restrain the respondent from trespassing on the suit property pending final disposal of the main suit.

Orders

• A temporary injunction granted against the respondent and his agents restraining them from any further trespass, digging, clearing the land or in any way interrupting with the applicant's use or ownership of the suit property comprised in Block 12, Plots 1058 and 1059 Kibuga Mengo until the final disposal of the main suit.
• Costs in the cause.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules Order 41 rule 1
• Civil Procedure Rules Order 41 rule 9

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