Aliganyira Ya Kobo Kyomya v Trustees of Hoima Catholic Diocese (Civil Application No. 273 of 2015) [2015] UGCA 2028 (20 October 2015)

#### THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL AI'PLICATION NO.27.] OF 20I5

#### ALIGANYIRA YA KOBO KYOMYA: : : : ] : : : : : : ]: : : : : : : : : : : : : : : : : : : : : APPLICANT

### vElisUs

#### THE TRUSTEES OF HOIMA CATHOLIC DIOCESE:::::::: IIE,SPONDENT

## CORAM: HON. LADY. IUSTICE SOLOMY IIALtTNCI IIOSSA.,IA

## DATE: 20/10/2015 AT 09:30 AM

#### IttrLt N(;

The applicant is seeking to invoke the powers of this Court to issue what it describes as an injunctive order against certain pelsons sorne of who are his family members, allegedly because they are in advanced stages of distributing, subdividing and wasting the suit land befbre disposal of Civil Appeal No. 49 of 2014 between the Applicant and the Respondent.

Counsel for the Applicant concedes that the Respondent is not part to the alleged alienation of the land. lt is theretbre apparent that the Applicant has dragged the wrong pafiy to the wrong Court. lf the land olthe Applicant is being alienated by the people the Applicant names, the proper course fbr him to take rvould be to sLte thern for the alienation in a competent Coum. This Court is not a trial Court. In any case, it cannot issue an order against persons who are not betbre it as this would contravene their right to be heard.

This application is therefore rnisconceived. In the result, it is dismissed with costs to the Respondent.

Dated October' 23. 201 5

| Dated October' 23. 201 5 | | |--------------------------------------|-------| | | f6""' | | Signed by: Solorny Balungi Bossa, JA | |

Ruling read in the presence ot':

Tumwesigye Wicliff, Counsel for the Applicant

Jeff Bogere Mukwana, Counsel fbr the Respondent

5 The Applicant and the Representative of the Respondent, namely; Rev. Father Adebo Daniel and James Tumwesigwa, Chairman of the Christian Community in Kihemba Sub Parish, Hoima Catholic Diocese.

Signed by: ['ff8\*".

<sup>10</sup> Hon. Justice Solonry Balungi Bossa, JA