Uganda Case Law

Dilipkumar Patel and 5 Others v Kashyapkumar Patel and 10 Others

Dilipkumar Patel and 5 Others v Kashyapkumar Patel and 10 Others (Miscellaneous Application 840 of 2021) [2021] UGCommC 183 (3 November 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 840 of 2021

Judge

Stephen Mubiru, J

The High Court held that a contempt order imposing a fine and punitive damages was criminal in nature, so no purging was required before hearing the application.

• Contempt Of Court
• Interlocutory Injunction
• Enforcement Of Settlement Agreements
• Purging Contempt
• Commercial Dispute Resolution
• Contempt-of-court

Namutebi v Ssemanda and 2 Others

Namutebi v Ssemanda and 2 Others (Miscellaneous Application 430 of 2021) [2021] UGCommC 176 (13 September 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 430 of 2021

Judge

Stephen Mubiru, J

The court found that while the applicant established a prima facie case with serious questions of law and fact to be tried, she failed to demonstrate that she would suffer irreparable harm if the injunction was not granted, as any loss could be adequately compensated by damages. The property in question was used for commercial purposes, and the applicant had not objected to the respondents' activities for several years. The balance of convenience favoured the respondents, particularly as the applicant already had a caveat in place to protect her interests. The objection to the respondents' af…

Source excerpt

• Interlocutory Injunction
• Family Land Disputes
• Mortgage Transactions
• Spousal Consent
• Balance Of Convenience

Davis Ndyomugabe V Tile World Limited

Davis Ndyomugabe V Tile World Limited (Miscellaneous Application No. 650 of 2011) [2016] UGHCLD 82 (5 February 2016)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 650 of 2011

Judge

Owiny-Dollo, J

The High Court held that kibanja interests can support a caveat, but the applicant’s caveat was invalid because it covered land beyond his claimed interest.

• Caveats On Land
• Kibanja Interest
• Customary Tenure
• Registrable Interest
• Interlocutory Injunction
• Caveats-on-land

Masenge v A.G of Republic of Burundi (Application 5 of 2013)

Masenge v A.G of Republic of Burundi (Application 5 of 2013) [2014] EACJ 12 (18 June 2014) (First Instance Division)

Court

East African Court of Justice

Case number

Application 5 of 2013

Judge

Lenaola JA

The Court found that the applicant's claim raises serious triable issues regarding his interest in the disputed land, supported by a formal land title. However, the applicant failed to demonstrate that he would suffer irreparable injury not compensable by damages if the injunction was not granted. The Court determined that any potential injury is quantifiable and damages would suffice as compensation. The balance of convenience does not favour the applicant, and the exercise of judicial discretion does not warrant granting the interlocutory injunction. The question of jurisdiction was reserve…

Source excerpt

• Interlocutory Injunction
• Land Title Dispute
• Irreparable Injury
• Balance Of Convenience
• Jurisdiction Of Regional Court

Anglo Fabrics (Bolton) & Anor v Mohamed Ssali (HCT-00-CC-MA 57 of 2007)

Anglo Fabrics (Bolton) & Anor v Mohamed Ssali (HCT-00-CC-MA 57 of 2007) [2007] UGCommC 29 (4 April 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 57 of 2007

The applicants demonstrated a serious question to be tried regarding their rights as registered proprietors of the MEKAKO trademark, and the goods in question bear this mark and are within the jurisdiction. Despite the lapse in registration, the renewal restored their rights. If the injunction is not granted, the applicants risk suffering irreparable harm, as the goods could be dealt with in a manner that would undermine their trademark rights and render any final order nugatory. The respondent's intention to re-export does not negate the fact that the goods were imported into Uganda and bear…

Source excerpt

• Trademark Infringement
• Interlocutory Injunction
• Balance Of Convenience
• Registration Lapse

Mwijakubi and Ors v British American Tobacco Uganda Ltd (HCT-00-CC-MA 284 of 2005)

Mwijakubi and Ors v British American Tobacco Uganda Ltd (HCT-00-CC-MA 284 of 2005) [2004] UGCommC 10 (4 May 2004)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 284 of 2005

The High Court refused an interlocutory order restraining BAT Uganda from buying tobacco, holding the applicants had not shown a proper legal basis or substantial loss.

• Interlocutory Injunction
• Contract Farming Disputes
• Remedies Under Judicature Act
• Temporary Injunction Criteria
• Interlocutory-injunction
• Temporary-injunction

National Housing and Construction Corporation v Kampala District Land Board

National Housing and Construction Corporation v Kampala District Land Board (Civil Application 6 of 2002) [2003] UGSC 50 (6 November 2003)

Court

Supreme Court of Uganda

Case number

Civil Application 6 of 2002

Judge

Odoki, CJ, Oder, JSC, Tsekooko, JSC, Mulenga, JSC, Kanyeihamba, JSC

The Supreme Court of Uganda granted a stay, injunction, and stay of proceedings pending appeal over disputed land, subject to costs and filing conditions.

• Stay Of Execution
• Interlocutory Injunction
• Land Ownership Dispute
• Substantial Loss
• Irreparable Damage
• Stay-of-execution

Amrit Goyal v Hari Chand Goyal and Ors (High Court Miscellaneous Application No. 438 of 2001)

Amrit Goyal v Hari Chand Goyal and Ors (High Court Miscellaneous Application No. 438 of 2001) [2001] UGCommC 1 (1 March 2001)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 438 of 2001

The court held that the applicant, as a shareholder, had locus standi to seek an injunction to restrain the respondents from interfering with the management and assets of Roadmaster Cycles (U) Ltd. The applicant demonstrated interests beyond mere financial gain, such as maintaining the company's integrity and harmonious relations, which are incapable of quantification and cannot be adequately compensated by damages. The issues raised by the applicant were substantive and required a full trial on the merits, not summary determination at the interlocutory stage. The balance of convenience favor…

Source excerpt

• Interlocutory Injunction
• Shareholder Rights
• Minority Protection
• Company Management Disputes

Osuna v Ziwa

Osuna v Ziwa (Civil Suit 246 of 1994) [1994] UGHC 48 (9 May 1994)

Court

High Court of Uganda

Case number

Civil Suit 246 of 1994

Judge

Kireju, J

The court found that although the applicant established a prima facie case regarding ownership of the trailer, the vehicle was already vandalized and there was little left to preserve. The applicant's claim in the main suit included delivery of the trailer or its financial value, and any injury suffered could be adequately compensated by damages. Therefore, the requirements for granting a temporary injunction—irreparable injury and necessity to preserve the status quo—were not met. The application was dismissed as granting the injunction would serve no practical purpose.

Source excerpt

• Interlocutory Injunction
• Preservation Of Property
• Irreparable Injury
• Balance Of Convenience