PART A

BRIEF FACTS
Mr. John Magoba purchased land at Manyangwa and is in occupation.
later Festo Kyoheirwe came and obtained a certificate of title and filed a suit against John
Magoba.
John Magoba filed his defence and counterclaim Copies of which are attached and marked
“A” and “B”
Festo Kyoheirwe has started pouring construction materials on the land and there are
workers on site working.
He has lawyers who filed his defence in Court but feels they are slow and may not prevent
Festo from completely changing state in which the land appears. He is worried that Festo’s
actions are going to lead him to completely loose the land. He wants you to join them and
expedite the matter.

Tasks A: -

i. Advise the client on the most appropriate remedy available to him in the
circumstances.

ISSUES

1. Whether Mr. John Magoba can apply and be granted an interlocutory

injunction.
2. d o c u m e n t to be filed in court in view of the desired remedy in (i)
above.
3. What course(s) of should be taken in order to effectively protect Mr.
John Magoba’s interests against the current activities on the suit
land?
LAW APPLICABLE
1. The Constitution of Uganda, 1995
2. Civil procure Rules (CPR) S1 71-1
3. The civil procedure Act Cap 282
4. The civil procedure Rules S.1.71-1
 5. The Judicature Act, Cap 16.
6. The Evidence Act, Cap. 8

Temporary Injunctions are provided for under;

 Order 41 r1 of the CPR
 Section 98 of the Civil Procedure Act Cap 71

And specifically for the High Court, under Section 38 of the Judicature Act,
Cap 13
Jurisdiction
 For the High Court, Section 38 of the JA, O.41 r1, Section 98 of the CPA
 For the Magistrates Courts, Section 1 and 98 of the CPA, O41 r1 of the CPR
 O50 r3 – may be made before the Registrar
 The above order amended by O6a of the Civil Procedure (Amendment Rules)
2019 - Registrar to handle interlocutory matters in 14 days.

Interlocutory applications are of two types.;

1. Interim injunction; that is granted pending the hearing the main

application for a temporary injunction and
2. temporary injunction that is granted disposing of the main application
while pending the determination of the suit on its merits.

For an interlocutory application to be entertained by court, there must be;

- A cause of action to sustain the main suit.

[Sugar Corporation of Uganda Ltd v Mohammed Tijani HCCS No.

39/1993]
- The pending suit must be before the same court the interlocutory relief is
being sought. [Mwaine Nyakama & Company Advocates V Departed
Asians [1987] HCB 91]

Issue 2 What course(s) of should be taken in order to effectively protect Mr.

John Magoba’s interests against the current activities on the suit land?

 To file an application by Chamber Summons + Affidavit in Support in

support thereof under Order 41 rule 9, and Order 52 rule 7
 Serve the opposite party as under Order 50 rule 3A(1)
 Under Order 50 r3A (2) – Application to be inter-parties except where
giving notice would
  cause undue delay and defeat the object of the injunction.
 Under Order 50 r3A (4) – An application for ex parte interim application
shall be made orally
 Under Order 50 r3A (5) – Ex parte interim orders to be granted only in
exceptional circumstances;
 Under Order 50 r3A (6) – Applicant to use the 3 days to present proof of
effective service

Issue 3 d o c u m e n t to be filed in court in view of the desired remedy in (i) above.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MISCELLANEOUS APPLICATION No. ……. OF 2025
ARISING FROM CIVIL SUIT NO. ……. OF 2025
JOHN MAGOBA:::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS
FESTO KYOHEIRWE:::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
CHAMBER SUMMONS.
(Under s. 33 and 38 of the Judicature Act cap. 13, Section 64 (c) and 98 of the CPA,
Cap.71,
O.41 r. 1 and 2 of Civil Procedure Rules SI 71-1)

LET ALL PARTIES concerned attend His/her worship in chambers on the…………day

of……………, 2025 O’ clock or soon thereafter as counsel for the applicant can be heard on
application for orders that:

1. A temporary injunction against the Respondents and their agents carrying out any
construction of any kind on the suit land.

2. The costs for this application be granted

TAKE FURTHER NOTICE that this application is made under the provisions of the law
mentioned above and the grounds in support of the application are particularly set out in
the
affidavit of Mr. LALOBO MICHAEL but briefly are that:
1. That the respondent filed a suit in this Honorable Court vide C.S No. …... of 2025,
against the applicant to wit the applicant filed a defense and a counterclaim.
2. That the applicant rightful owner of the suit land and has been in actual possession
of the same.
 3. That however the respondent has trespassed on the land by and has put his
workers on the land and are working.
4. That the applicant is fearful that the respondent’s activities will completely
changing state in which the land is.
5. It is in the interest of justice that costs be in the cause

GIVEN under my hand, the seal of this Honorable Court this……………. day of………2025.
………………………………..
REGISTRAR

DRAWN BY
M/s O L A & C o . Advocates,

P.O. BOX 3762, Kampala

Affidavit in support:
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MISCELLANEOUS APPLICATION No. ……. OF 2025
ARISING FROM CIVIL SUIT NO. ……. OF 2025
JOHN MAGOBA:::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS
FESTO KYOHEIRWE:::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

AFFIDAVIT IN SUPPORT OF THE CHAMBER SUMMONS.

I, JOHN MAGOBA of M/s O L A & C o . Advocates, P.O. BOX 3762, Kampala do solemnly
make oath and state as follows;

1. That I am a male adult Ugandan of sound mind and the Applicant herein and swear
this
affidavit in that capacity.
2. That the Respondent filed Civil Suit …… of 2025 against me and the said suit is still
pending in this Honorable Court. (Copy of the Plaint attached hereto marked Annexture
“A”).

2. That I am the rightful owner of the suit land having aquire it by way of purchase
(Copy of the sale agreement is attached and marked Annexture “B”).
3. That however to my surprise the respondent came and obtained a certificate of title
and filed suit against me against which I filed a defence and counterclaim Copies of
which are attached and marked “A” and “B”
 4. That the respondent has now brought his workers on the suit land and they are
carrying on construction.
5. That the extent of the trespass and damage on the land affected may not be satisfied
by way of monetary compensation and I am currently still in possession of the land.
6. That it is in the interest of justice that this application is granted.
7. That I swear this affidavit in support of the application for temporary injunction
restraining the Respondent, their servants, agents from destroying and constructing
on the land until final disposal of the main suit C.S No. ……. of 2025
8. That whatever I have stated herein above is true and correct to the best of my
knowledge.

SWORN at Kampala this …………… day of …………… 2025. By the said;

JOHN MAGOBA ………………………

DEPONENT.

BEFORE ME:
……………………………………..
COMMISSIONER FOR OATHS.

DRAWN BY
M/s O L A & C o . Advocates,

P.O. BOX 3762, Kampala

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MISCELLANEOUS APPLICATION No. ……. OF 2025
ARISING FROM CIVIL SUIT NO. ……. OF 2025
JOHN MAGOBA:::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS
FESTO KYOHEIRWE:::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

SUMMARY OF EVIDENCE
Per the affidavit of the applicant which shall be relied on in court and such
additional and supplementary affidavits which shall be admitted or filed with leave of
court.
List of witnesses
1. Applicant
2. Any other witness with leave of court
List of documents
1. Pleadings in civil suit No……/2025
2. Sale agreement
3. photographs
2. Any other document with leave of court.
List of authorities

1. Civil Procedure Act Cap. 282

2. Civil Procedure Rules S.I.71-1 as amended
3. Case law
4. Any other with leave of court.

Dated at Kampala this…………………………day of………………………………….2025

….………………………………………..
COUNSEL FOR THE APPLICANT
DRAWN BY
M/s O L A & C o . Advocates,

P.O. BOX 3762, Kampala

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MISCELLANEOUS APPLICATION No. ……. OF 2025
ARISING FROM CIVIL SUIT NO. ……. OF 2025

JOHN MAGOBA:::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS
FESTO KYOHEIRWE:::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

APPLICANT’S WRITTEN SUBMISSIONS

This application is brought under Section 98 of the CPA, Section 33 of the Judicature Act
and
Order 41 Rule 1 (a), and 9 of the Civil Procedure Rules seeking for orders that;

(a) A temporary injunction doth issue against the respondents restraining them and or
their agents/employees, servants from destroying and or carrying on construction.

(b) Costs of this application be provided for.

The grounds of this application are contained in the affidavit in support that was deponed
by
JOHN MAGOBA and is attached thereto.
Your Honor, this honourable Court has powers under the laws stated herein above to
entertain this matter and grant the orders sought in this application.
An injunction is a court order requiring an individual to do or omit doing a specific action.
Injunctive relief is a discretionary power of the court in which court, preserves the status
quo
upon deciding that a party’s rights are being violated.
in awarding an injunction, courts take into account; The irreparability of injuries and
inadequacy of damages that a party would suffer the injunction was not granted to him.
See Jover Byarugaba v. Ali Muhoozi & Another HCMA No. 215 of 2014.

The general consideration for grant of Temporary injunction under Order 41 r.1 (a) of the
Civil
Procedure Rules are that;
(a)” where in any suit it is proved by affidavit or otherwise that any property in dispute in a
suit is in danger of being wasted, damaged, or alienated by any party to the suit, or
wrongfully sold in execution of a decree;”

Lord Diplock in the case of American Cyanamid Co. -Vs- Ethicon Ltd [1975] AC 396 that
was
also followed in Robert Kavuma -Vs- Hotel International SCCA No. 8 of 1990 opined that
prior
to the grant of the temporary injunction, the applicant has to show;
1. That there is a substantial question to be investigated with chances of winning the main
suit on his part. That is likelihood of success of the head suit.
2. That the applicant would suffer irreparable injury which damages would not be capable
of atoning if temporary injunction is denied.
3. The balance of convenience is in favor of the application.

Ground One:

Prima facie case with a probability of success.

The position of the law is that an applicant is required to show a prima facie case with
probability of success but not the actual success.
It means there should be triable issue, that is, an issue which raises a prima facie case for
adjudication. See Robert Kavuma v. Hotel International SCCA No. 8 of 1990 and
Kayimba v. Kaggwa [1985] HCB 43.

We submit that the applicant has a prima facie case against the respondents in his suit and
the
same has a very high likelihood of success. This has been demonstrated by the applicant in
his
affidavit in support of this application dated specifically paragraph 2 thereof where he
establishes an aquisiition of interest in the suit land by way of purchase.
My Lord, we submit that the applicant has demonstrated that he has prima facie case with
probability of success and we pray that you be pleased to find it so.

Ground Two:

The applicant will suffer irreparable injury, which cannot be atoned for by award of
damages.
Irreparable injury does not mean that there must not be physical possibility of repairing
the
injury, but it means that the injury or damage must be substantial or material one that
cannot be
adequately atoned for in damages. See Tonny Wasswa v. Joseph Kakooza [1987] HCB 79.
We submit that the applicant will suffer irreparable injury, which cannot be atoned for by
an
award of damages. This has been demonstrated by the applicant in his affidavit in support
of this
application specifically paragraphs 5 thereof.
The summary of it is that the Applicant is facing threatened eviction from the suit land by
respondent who has taken advantage of the stagnation of the suit to impose himself on the
suit
land.

The cardinal consideration is whether in fact the applicant would suffer irreparable injury
or
damage by refusal to grant the application. If the answer is in the affirmative, then court
ought to
grant the order. Your Honor, the applicant is in danger of a pending illegal eviction and
embarrassment. It is not just about the physical, but also the emotional stress and
damage as well.
, we submit that the applicant has demonstrated that he will suffer irreparable injury or
damage that cannot be a toned by an award of damages if this application is not granted
and we
pray that you be pleased to find it so.

Ground Three:

Balance of convenience
It is trite law that if court is in doubt on any of the above principles, it will decide the
application
on the balance of convenience. The term balance of convenience literally means that if the
risk of
doing an injustice is going to make the applicant suffer then probably the balance of
convenience
is favourable to the applicant and the court would most likely be inclined to grant him the
application for temporary injunction. See Jover Byarugaba v. Ali Muhoozi & Another
HCMA
No. 215 of 2014.
We submit that on the balance of convenience that all indicators show that it is the
applicant who
is bound to suffer greatly if this application is rejected and will be prejudice because the
extent of
the second defendants trespass exerted on the land had affected hardly a quarter of an
acre. This
has been demonstrated in paragraph 5 of the affidavit in support of this application.
In the instant case, the Applicant would lose a lot if evicted while the Defendant does not
stand
to lose anything when the ongoing activities are stayed pending determination of the main
suit.
Your Honor, we submit that the applicant has demonstrated that balance of convenience
leans
toward the grant of the orders sought in this application and we pray that you be pleased to
find it
so.

Your Honor, in summary, we submit that the Applicant has fulfilled and or satisfied all the
conditions required to grant this application and we humbly pray that you be pleased to
find it so
and grant all the orders sought in this application.
We so pray.

Dated at Kampala this …………… day of……………, 2025

_______________________________
(COUNSEL FOR THE APPLICANT)
DRAWN & FILED BY
M/s O L A & C o . Advocates,

P.O. BOX 3762, Kampala