Uganda Case Law

Katunku & 8 Others v Katunku & 3 Others

Katunku & 8 Others v Katunku & 3 Others (Miscellaneous Application 128 of 2024) [2024] UGHC 799 (30 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 128 of 2024

Judge

Lubega, J

The court found that the Applicants established a prima facie case with a probability of success, as there are serious questions to be tried regarding the ownership and possession of the suit property. The Applicants have been in possession since 1986, and their claim that the certificate of title was fraudulently obtained raises substantial issues for trial. The court determined that the Applicants would suffer irreparable injury if evicted or if the Respondents were allowed to interfere with their possession before the main suit is resolved, as such injury cannot be adequately compensated b…

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• Temporary Injunction
• Status Quo Preservation
• Possession Disputes
• Fraudulent Title
• Irreparable Injury

Lwanga v Commissioner For Land Registration and 8 Others

Lwanga v Commissioner For Land Registration and 8 Others (Miscellaneous Application 10185 of 2024) [2024] UGHCCD 132 (23 August 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 10185 of 2024

Judge

Musa Ssekaana, J

The High Court granted a temporary injunction preserving the applicant’s land possession and restraining further registration actions pending the judicial review cause.

• Temporary Injunctions
• Status Quo Preservation
• Land Title Cancellation
• Judicial Review
• Natural Justice
• Possession Disputes

Mulumba v Bugingo & 7 Others

Mulumba v Bugingo & 7 Others (Miscellaneous Application 1555 of 2023) [2024] UGHCFD 23 (24 April 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 1555 of 2023

Judge

Komuhangi, J

The court found that the applicant, though a lessee of the suit property, was not an aggrieved party within the meaning of Section 82 of the Civil Procedure Act because the temporary injunction order did not deprive him of his title or interest, but merely preserved the status quo pending the main suit. The applicant failed to demonstrate any specific injury or prejudice suffered as a result of the order. The court further held that there was no manifest mistake or error apparent on the face of the record in the temporary injunction order; the order was clear, applied to the respondents and t…

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• Review Of Court Orders
• Temporary Injunctions
• Status Quo Preservation
• Possession Disputes
• Affidavit Technicalities

Equity Bank (U) Limited & Another v Great Value Safaris Limited & Another

Equity Bank (U) Limited & Another v Great Value Safaris Limited & Another (Miscellaneous Appeal 7 of 2024) [2024] UGCommC 127 (8 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 7 of 2024

Judge

Kahigi Asiimwe, J

The court found that the learned Registrar erred in law by granting a temporary injunction that reversed the status quo of the suit properties. At the time of hearing the application for temporary injunction, the properties had already been sold to the 2nd appellant and vacant possession had been granted. The Registrar failed to make a clear finding on which party was in possession, and neither party provided substantive evidence of possession. The burden of proof lay with the applicants, who failed to prove they were in possession at the relevant time. Granting the injunction had the effect…

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• Temporary Injunctions
• Status Quo
• Mortgage Foreclosure
• Burden Of Proof
• Possession Disputes

Ssegwanyi v The Estate of the late Kiyemba Muhammad & 2 Others

Ssegwanyi v The Estate of the late Kiyemba Muhammad & 2 Others (Civil Appeal 21 of 2022) [2024] UGHC 309 (6 March 2024)

Court

High Court of Uganda

Case number

Civil Appeal 21 of 2022

Judge

Katamba Nkwanga, J

The High Court allowed an appeal against refusal of a temporary injunction, finding errors on possession, locus inspection, and risk of alienation of land.

• Temporary Injunctions
• Status Quo Orders
• Possession Disputes
• Alienation Of Property
• Temporary-injunctions
• Status-quo-orders

Nassali v Nabateregga

Nassali v Nabateregga (Civil Appeal 58 of 2021) [2023] UGHC 383 (17 November 2023)

Court

High Court of Uganda

Case number

Civil Appeal 58 of 2021

Judge

Katamba Nkwanga, J

The High Court allowed an appeal against a temporary injunction order that had altered possession of disputed land and effectively evicted the appellant.

• Temporary Injunction
• Status Quo Preservation
• Eviction Orders
• Appeal Procedure
• Possession Disputes
• Temporary-injunction

Nzeirwe v Byaruhanga

Nzeirwe v Byaruhanga (Miscellaneous Application 52 of 2022) [2023] UGHC 300 (21 March 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 52 of 2022

Judge

Emokor, J

The High Court of Uganda at Kabale dismissed an appeal against refusal of a temporary injunction over disputed land, holding the applicant had not met the legal test.

• Temporary Injunctions
• Status Quo Preservation
• Possession Disputes
• Balance Of Convenience
• Temporary-injunctions
• Land-disputes

Bwambale v Mwebesa (HCT-CV-MA 42 of 2022)

Bwambale v Mwebesa (HCT-CV-MA 42 of 2022) [2022] UGHCCD 238 (7 November 2022)

Court

HC: Civil Division (Uganda)

Case number

HCT-CV-MA 42 of 2022

The High Court found that the Assistant Registrar's decision to dismiss the application for a temporary injunction was made without independently verifying the prevailing status of possession of the suit land, as there was conflicting evidence from both parties. The absence of a pre-trial locus visit meant the court lacked clarity on who was in actual possession, which is essential for determining whether to preserve the status quo through a temporary injunction. The court held that, in such circumstances, it is just and equitable to set aside the Registrar's ruling and orders, and to direct…

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• Temporary Injunctions
• Status Quo Preservation
• Possession Disputes
• Pre Trial Locus
• Appeals From Registrar

Balinda v Hon. Kibanzanga and Others

Balinda v Hon. Kibanzanga and Others (Miscellaneous Cause No. 2 of 2022) [2022] UGHC 68 (29 June 2022)

Court

High Court of Uganda

Case number

Miscellaneous Cause No. 2 of 2022

Judge

Mugabo, J

The High Court dismissed an objector application to release land from attachment, finding the applicant failed to prove possession and gave contradictory evidence.

• Execution Of Decrees
• Objector Proceedings
• Attachment Of Property
• Possession Disputes
• Objector-proceedings
• Attachment-of-property

Livingstone Kyeyune v Eriya Namunnungu Ssalongo & Anor

Livingstone Kyeyune v Eriya Namunnungu Ssalongo & Anor (Miscellaneous Application No. 318 of 2014) [2015] UGHCEBD 8 (23 February 2015)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

Miscellaneous Application No. 318 of 2014

The High Court released attached property from execution after finding the objector was in possession on his own account, not for the judgment debtor.

• Objector Proceedings
• Attachment Of Property
• Eviction Orders
• Possession Disputes
• Objector-proceedings
• Attachment-of-property