Civil Remedies

Kaumba v Dabule (CIVIL APPLICATION NO. 03 OF 2018) [2018] UGSC 29 (27 March 2018);

Flynote: 

Search Summary: 

This was an application for interim order to
restrain the respondent from dealing with the
suit property until the substantive application
for a temporary injunction was determined.
The background is that respondent was the
holder of the letters of administration for the
suit property and obtained a special certificate
of title for the same. The applicant claims the
interest in the land and sought to set aside the

special certificate after the original certificate
had been recovered. The trial court and the
court of appeal declined to order as sought and
appealed to this court.

Headnote and Holding: 

The court held that it has inherent power to
make such orders as may be necessary for
achieving the end of justice or to prevent abuse
of the process of Court. that given the presence
of a notice of appeal and the substantive
application with the imminent threat of
execution, if the respondent alienates or
disposes of the property, it would render the
main application for a temporary injunction
order nugatory. That the Interim Order sought
by the applicant is to necessarily preserve the
status quo until the substantive application for
a temporary injunction is heard and
determined.

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