Uganda Case Law

Nyende & Another v Kafeero & 3 Others

Nyende & Another v Kafeero & 3 Others (Miscellaneous Application 155 of 2023) [2024] UGHC 626 (22 May 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 155 of 2023

Judge

Bukirwa, J

The High Court, exercising appellate jurisdiction, found that the Deputy Registrar erred in law and fact by declining to grant a temporary injunction, improperly determining substantive rights at the interlocutory stage, and issuing orders not sought by the parties. The court held that the Applicants established a prima facie case with triable issues regarding their occupation and alleged fraud, and demonstrated irreparable injury due to the sentimental and business value of the property, which could not be adequately compensated by damages. The balance of convenience favored the Applicants,…

Source excerpt

• Temporary Injunctions
• Status Quo Preservation
• Appellate Jurisdiction
• Tenant Landlord Disputes

Jesica Davia V Thembo Nyoro Misaki

Jesica Davia V Thembo Nyoro Misaki (Civil Revision No. 0020 of 2009) [2009] UGHC 245 (5 October 2009)

Court

High Court of Uganda

Case number

Civil Revision No. 0020 of 2009

Judge

Owiny-Dollo, J

The High Court set aside an illegal distress-for-rent order, finding it was obtained without a proper case and executed against the wrong tenant.

• Distress For Rent
• Illegality Of Court Orders
• Fraudulent Execution
• Tenant Landlord Disputes
• Distress-for-rent
• Illegal-court-orders

Kiingi & 2 ors v Thabit & Brothers Hides & Skins

Kiingi & 2 ors v Thabit & Brothers Hides & Skins (CIVIL APPEAL NO. 6 OF 1992) [1992] UGHCCD 3 (12 May 1992)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL NO. 6 OF 1992

Judge

Engwau, J

The appellate court found that the trial magistrate failed to address the substantive issues raised in the appellants' application, including the misrepresentation and suppression of material facts regarding the true ownership and possession of the suit premises. The appellants were wrongly joined as parties, as the Co-operative Society was the proper party to be sued. The trial court also failed to ensure proper service of process and relied on extraneous evidence not tested by cross-examination. Furthermore, the temporary injunction was granted without evidence of imminent danger or loss, c…

Source excerpt

• Injunctions
• Joinder Of Parties
• Service Of Process
• Tenant Landlord Disputes