Bukera and 4 Others v Kabenge (Misc.Application No.O913 of 2023) [2025] UGHCLD 105 (27 June 2025)

Full Case Text

#### THE REPUBLIC OF UGANDA

# IN THE HIGHCOURT OF UGANDA AT KAMPALA

### **LAND DIVISION**

#### MISC. APPLICATION NO.0913 OF 2023

## (ARISING FROM MISC. APP NO. 833 OF 2023)

#### (ARISING FROM MISC. APP NO. 648 OF 2023)

(ARISING FROM CIVIL APPEAL NO. 35 OF 2023)

BUKERA BOSCO::::::::::::::::::::::::::::::::::: MUGISHA HENRY:::::::::::::::::::::::::::::::::::: MUTIIBWA INNOCENT:::::::::::::::::::::::::::::::::::: **KIGUNDU AHMADA::::::::::::::::::::::::::::::::::** KABEERA JENIFER:::::::::::::::::::::::::::::::::::: **VERSUS**

# <table> KABENGE JACKSON:::::::::::::::::::::::::::::::::::: BEFORE HON LADY JUSTICE ELIZABETH JANE ALIVIDZA **RULING**

#### REPRESENTATION

The Applicants were represented by Counsel Wamimbi Samson. The Respondent was represented by Counsel Mudaki Ronald.

#### **INTRODUCTION**

The Applicants brought this Application under Article 126(2) C of the 25 Constitution, Section 33 of the Judicature Act, Section 98 of the Civil Procedure Act, Order 43 Rule 4 and Order 52 Rule 1,2 and 3 of the *Civil Procedure Rules* seeking orders that;

a. Misc. App No. 833 of 2023 and Misc. App No. 647 of 2023 be suspended.

$\mathsf{S}$

- b. A mandatory Injunction Order doth issue restoring the status quo of the suit existing road to what it was at the time of filing civil Appeal No.0035 of 2023. - c. Costs of the suit be provided for. - 2( The grounds of this Application are contained in an Aflidavit in support of this Application deponed by l"t Applicant.

The Respondent in reply to this Application averred that the Chamber Summons and reliefs sought therein are bad in law. That the Applicant has no cause of action against the Respondent since the Application has been over taken by events.

Both parties filed written submissions that have been considered in determining this Application.

I note that Applicants in this case are not in use of the access road that was the subject matter of the main suit. By the time this

Application was filed, the status quo of the access road had changed. This was after the Applicant constructing the perimeter wall. There is already an alternative access road in place. 45

There is a pending Appeal that will dispose of the issues. This Application is overtaken by events.

I accordingly dismiss it. Each party bears their costs. 50

# So ordered

67(+

Elizabeth Jane Alividza 55

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**Judge**

27<sup>th</sup> June 2025

Judgment on ECCMIS 60

incted

Elizabeth Jane Alividza