Uganda Case Law

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…

Source excerpt

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

Kolya v Nantongo and 2 Others (Misc Cause No. 39 of 2021)

Kolya v Nantongo and 2 Others (Misc Cause No. 39 of 2021) [2022] UGHCLD 12 (7 February 2022)

Court

HC: Land Division (Uganda)

Case number

Misc Cause No. 39 of 2021

Judge

Kawesa, J

The High Court refused to vacate a caveat on land in Kisugu, holding that a pending appeal justified maintaining the status quo.

• Caveats
• Removal Of Caveat
• Pending Appeal
• Status Quo
• Registration Of Titles
• Court Orders

Mitanda v Uganda Revenue Authority

Mitanda v Uganda Revenue Authority (Miscellaneous Application No. 1424 of 2017) [2018] UGCommC 40 (2 May 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1424 of 2017

The High Court dismissed a bid for a temporary injunction over detained goods, holding that the order would not preserve the status quo and that the pleaded relief was unsupported.

• Temporary Injunction
• Status Quo
• Mandatory Injunction
• Release Of Goods
• Irreparable Harm
• Temporary-injunction

Fox Odoi v NRM & Anor

Fox Odoi v NRM & Anor (Constitutional Application No. 32 of 2015) [2015] UGCC 7 (1 December 2015)

Court

Constitutional Court of Uganda

Case number

Constitutional Application No. 32 of 2015

Judge

Kavuma, JCC, Musoke, JCC

The court found that while the applicant's petition raised serious constitutional issues warranting determination, he failed to demonstrate irreparable injury if the injunction was not granted. The position of NRM flag bearer was not a constitutional right, and the applicant could still participate in elections as an independent candidate. The status quo had been overtaken by events, as the NRM Electoral Commission had already declared another candidate as flag bearer following a dispute resolution process. The balance of convenience favored the respondent due to imminent national nomination…

Source excerpt

• Temporary Injunction
• Fair Hearing Rights
• Political Party Regulations
• Status Quo
• Balance Of Convenience

Rwamurungu v DFCU Leasing Co. Ltd.

Rwamurungu v DFCU Leasing Co. Ltd. (Civil Appeal No. 60 of 2007) [2009] UGCA 69 (15 January 2009)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 60 of 2007

Judge

Mukasa-Kikonyogo, DCJ, Engwau, JA, Kitumba, JA

Court of Appeal of Uganda upheld the refusal of a temporary injunction, finding no irreparable loss and no status quo to preserve after sale of the property.

• Temporary Injunction
• Irreparable Loss
• Balance Of Convenience
• Status Quo
• Judicial Discretion
• Temporary-injunction

Florah Rwamarungu v DCFU Leasing Co. Ltd (HCT-00-CC-MA 436 of 2007)

Florah Rwamarungu v DCFU Leasing Co. Ltd (HCT-00-CC-MA 436 of 2007) [2007] UGCommC 75 (19 September 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 436 of 2007

The High Court dismissed an application for temporary injunction over alleged family land, finding no irreparable loss and noting the challenged sale had already occurred.

• Temporary Injunction
• Family Land Consent
• Irreparable Loss
• Mortgage Variation
• Status Quo
• Matrimonial Home

T.S. Muwanga v East African Steel Corporation Ltd (H.C.C.S. NO. 10/93)

T.S. Muwanga v East African Steel Corporation Ltd (H.C.C.S. NO. 10/93) [1993] UGHCCD 7 (20 April 1993)

Court

HC: Civil Division (Uganda)

Case number

H.C.C.S. NO. 10/93

Judge

Kato, J

The High Court refused a temporary injunction because the applicant failed to show the house was part of the main suit or that eviction would cause irreparable harm.

• Temporary Injunction
• Irreparable Injury
• Status Quo
• Equitable Remedies
• Temporary-injunction
• Irreparable-injury