Damulira and Another v Bukirwa and Another (Civil Application No. 357 of 2021) [2022] UGCA 119 (12 April 2022)

### THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

## CIVIL APPLICATION NO. 357 OF 2O2I

#### (Arising from Civil Appeal no' 299 of2OL9)

# 1. EDWARD DAMULIRA 2. EPHRAIM KAKANDE APPLICANTS

#### VERSUS

## 1. BRENDABUKIRWAKYAGULANYI 2, STEPHEN LWANYAGA KYAGUTANYI RESPONDENTS

CORAM: Hon. Mr, )ustice Kenneth Kakuru, fA

# RULING OF IUSTICE KENNETH KAKURU' IA (Single iustice)

This is an application seeking for an interim order staying the orders of the High court and restraining the respondents, their agents, workers or any other persons bound by the said orders of the High court from executing or interfering with the and applicants liberty, privacy by arresting or in way interfering with the applicants occupation, accommodation on the suit land located on Block 2 21 Plot 42L' Plot 2268 and Plot 2269 originally registered proprietor Late Erisa N. G Kyagulanyi. The orders were granted by Hon. Justice cornelia Kakooza Sabiiti, ] on 26th June,2019 in High Court Civil Suit No. 270 of 2017.

The grounds of this application are contained in the Notice of Motion and the application is supported by an affidavit deponed to by the 2nd applicant expounding on the grounds set out in the motion. I have found no reason to reproduce it here.

The respondents filed an affidavit in reply deponed to by the Znd respondent contesting the application. I also have found no reason to reproduce it here

This Court directed both parties to this application to file written submissions. I found no need for oral submissions. The applicants were directed to file written submissions by 4<sup>th</sup> April, 2022 and the respondents were directed to file theirs by 11<sup>th</sup> April, 2022.

The applicant filed the written submissions which are on Court record on 11<sup>th</sup> April, 2022 which is out of time. The respondents also failed to comply with the said directions of this Court as their submissions were filed out of time on 12<sup>th</sup> April, 2022.

I would have dismissed this application straight away. But in the interest of justice and pursuant to Rule 2(2) of the Rules of this Court, I will allow it with a warning to parties to strictly comply with directives of this Court

I am satisfied that the applicants have proved their case.

This application is hereby allowed.

I hereby make the following orders;-

- 1. An interim order is hereby granted in the terms set out in the Notice of Motion. - 2. The order shall lapse on $12^{th}$ June, 2022. - 3. The Registrar of this Court is hereby directed to fix the main application for hearing before 12<sup>th</sup> June, 2022. - 4. Costs shall abide the result of the main application.

**Dated** at **Kampala** this ....................................

Amogourn-

**Kenneth Kakuru JUSTICE OF APPEAL**