Court name
HC: Land Division (Uganda)
Judgment date
12 February 2018

Muwanga v Sembatya & 2 Ors (Miscellaneous Application-2017/) [2018] UGHCLD 15 (12 February 2018);

Cite this case
[2018] UGHCLD 15
Coram
Kawesa, J

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(LAND DIVISION)

MISC. APPLICATION NO. 1470 OF 2017

(ARISING OUT OF CIVIL SUIT NO. 735 OF 2017)

 

GEOFFREY MUWANGA:            ::::::::::::::::::::::::::::::::::::::::::        APPLICANT

                                                                        V E R S U S

  1. SEMBATYA JOHN PATRICK
  2. SEKANDI YUSUF                :::::::::::::::::::::::::::::::::::::::::::   RESPONDENTS
  3. DFCU BANK LTD

 

The Applicant prays for a temporary injunction.  The application is supported by the affidavit of Geoffrey Muwanga.  The Respondents did not file any affidavits in reply, nor did they appear in Court in opposition of the matter.

 

Though Court on the 18th day of January 2018, gave parties a schedule to file their written submissions, the Respondents did not file their submissions.

 

There being no affidavit in reply, it implies that the facts as deponed to by the Applicant are not controverted.

This therefore means that the Respondents concede that;

  1. The Applicant has a prima facie case with reasonable chances of success as per paragraph 18 of Geoffrey Muwanga’s affidavit.
  2. That there is a status quo to preserve as per paragraph 15 and 16 of the affidavit in support.

 

  1. That the Applicant will suffer irreparable injury if the injunction is not granted as stated in paragraph 18 of the said affidavit.

 

 

  1. That the balance of convenience favours the Applicant as shown in paragraphs 3, 4, 12, 13, 14, 15, 16, 17 and 18 of the said affidavit of Geoffrey Muwanga.

The import of all the above is that the standard set up in Kiyimba Kagwa versus Haji Abdu N. Katende [1985] HCB 43, have been wholly satisfied by the Applicant.

 

For those reasons, I do grant the application.

 

Costs in the cause.

 

I so order.

 

………………..

Henry I. Kawesa

JUDGE

12/02/2018