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Uganda decisions
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Tabula v Kange & Malomba (Miscellaneous Application 107 of 2024) [2024] UGCommC 378 (27 September 2024)
The High Court declined to restore the applicant to disputed land pending trial, finding the requested interim order would prematurely determine the main suit.
GM Sugar Limited v Isabirye (Miscellaneous Application 97 of 2022) [2024] UGHC 646 (3 July 2024)
The court found that the interim order issued by the Deputy Registrar in Miscellaneous Application No. 269 of 2019 was overtaken by events, as the respondent had already been evicted from the suit land prior to its issuance. The order was open-ended, lacking a definite time frame, which is contrary to the purpose of interim injunctions and susceptible to abuse. The applicant demonstrated sufficient cause for the order to be varied or set aside, as the status quo had changed and the respondent had not pursued the main suit. The court held that interim orders must be temporary and clearly defin…
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Kagimu & Another v Sekabanja & 2 Others (Miscellaneous Application 2978 of 2023) [2024] UGHCLD 130 (27 May 2024)
The High Court dismissed a contempt application, finding no clear proof that the respondents breached a temporary injunction despite knowing of it.
Kasumba Benon & 18 Others v Mujuzi Edwin & 2 Others (Civil Suit 409 of 2012) [2024] UGHCLD 52 (29 February 2024)
The court found that the Plaintiffs, as Kibanja holders, had established long-term occupation and interests in the suit land, supported by documentary evidence and a locus visit. The Defendants' aggressive litigation and lack of amicable settlement did not negate the Plaintiffs' lawful occupancy under the Land Act. The court rejected the res judicata argument due to jurisdictional uncertainties and lack of a singular competent prior court. The Plaintiffs were entitled to declarations of lawful occupancy, a joint survey to ascertain interests, a permanent injunction against interference, gener…
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Kayondo and 24 Others v National Forestry Authority (Miscellaneous Application 63 of 2023) [2023] UGHCCD 318 (13 October 2023)
The court found that the omission of certain parties and material facts from the original plaint would be detrimental to the applicants' case and hinder the determination of the real questions in controversy. The intended plaintiffs were part of those allegedly evicted and from whom other plaintiffs derive title, making their joinder necessary to avoid multiplicity of proceedings. The amendment is not barred by statute, is not made mala fide, and is essential for a fair adjudication of the dispute. The application was granted to allow amendment of the plaint to include omitted parties and fac…
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Kakacumbira & Another v Mutereza (Miscellaneous Appeal 16 of 2022) [2023] UGHC 280 (11 July 2023)
The High Court allowed an appeal against a contempt finding, holding that the evidence did not prove beyond reasonable doubt that the appellants wilfully disobeyed the injunction.
Kayigwa v Prof. Eleanor (Miscellaneous Application No. 542 of 2022) [2022] UGHCLD 204 (17 October 2022)
The court found that the respondent did not need to seek prior leave to file the appeal, as it was filed within the prescribed time after accounting for the delay in obtaining the record of proceedings. However, the respondent was guilty of dilatory conduct, having failed to prosecute the appeal or comply with court directives, and took no further action to advance the appeal or settlement. The court further held that the respondent was in contempt of court for failing to comply with existing orders, including an order to pay compensation and vacate the applicant's land, and had not purged he…
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Ololosokwan Village Council and Others v Attorney General of United Republic of the Tanzania (Reference No.10 of 2017) [2022] EACJ 25 (30 September 2022) (First Instance Division)
The Court held that it has jurisdiction to hear and determine the Reference under Articles 27 and 30 of the Treaty, and that exhaustion of local remedies is not required. However, on the substantive issues, the Applicants failed to discharge the burden of proof that the evictions occurred outside the Serengeti National Park or that the Respondent's actions violated the Treaty or Protocol. The Applicants' evidence, including that of their expert witness, was found insufficient and lacking in specificity regarding the location of the boundaries. The Respondent's evidence was consistent that the…
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Nambi Holdings Limited v Exim Bank Limited & 5 Ors (Miscellaneous Application No. 622 of 2019) [2020] UGCommC 14 (28 May 2020)
The court found that while the affidavits in support and rejoinder were lengthy and detailed, they did not contain argumentative statements or legal arguments, but rather set out facts within the deponent's knowledge. The affidavits were not prolix or non-compliant with Order 19 Rule 3 of the Civil Procedure Rules. The court also held that the issue of whether the application was nugatory due to a change in status quo was a factual matter requiring evidence and could not be determined at the preliminary stage. Both preliminary objections were overruled, and the application was ordered to proc…
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Ololosokwan Village Council and Others v Attorney General of the United Republic of Tanzania [2018] EACJ 128 (25 September 2018) (First Instance Division)
The Court found that the formal application dated 21st September 2017 was unsupported by admissible affidavit evidence, rendering it incompetent and unsustainable under Rule 21(5) of the EACJ Rules. However, the latter, informally presented application for interim orders was admitted by consent and considered valid under Rule 21(7)(b). The Court held that the Reference raised serious triable issues regarding the legality of the Respondent's actions and potential violations of property rights and access to justice. The evidence established ongoing harassment and intimidation of village represe…
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