Nabisere Jane Leticia and Another v Gerald Kasigwa and Commissioner Land Registration (Miscellaneous Application No. 678 of 2023) [2025] UGHCLD 78 (2 June 2025)

# THE REPUBLIC OF UGANDA $\mathsf{S}$ IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) **MISCELLANEOUS APPLICATION NO.678 OF 2023** (ARISING FROM HCCS NO.275 OF 2023) **NABISERE JANE LETICIA**::::::::::::::::::::::::::::::: $1^{ST}$ APPLICANT 10 ALEX WALUGEMBE ::::::::::::::::::::::::::::::::::: (ADMINISTRATORS OF THE ESTATE OF THE LATE CHARLES **KAYEMBA LWANGA)** VERSUS

# GERALD KASIGWA:::::::::::::::::::::::::::::::::::: 15 COMMISSIONER LAND REGISTRATION:::::::2<sup>ND</sup> RESPONDENT BEFORE HON LADY JUSTICE ELIZABETH JANE ALIVIDZA **RULING**

#### REPRESENTATION

The Applicants were represented by Kabega Bogezi & Bukenya 20 Advocates. The 1<sup>st</sup> Respondent was represented by Tulips Advocates and the $2^{nd}$ Respondent was unrepresented.

### **INTRODUCTION**

The Applicants brought this Application under Section 64 and 98 of the Civil Procedure Act, Order 22 rules 26 & 89(1) and Order 41 25 Rule 1 and 2 of the Civil Procedure Rules seeking orders that;

a) Stay of execution of orders of court registered under SI KCCA 00011886 vide Miscellaneous Application No. 245613 and any registration of the $1<sup>st</sup>$ respondent as proprietor on land comprised in Kyadondo Block 33 Plot 712 at Mutundwe be stayed pending the hearing and disposal of the main suit.

- b) That any execution of any orders of court at the instance or initiation of the 1s respondent relating to Block 33 Plot 712 be stayed. - 35 - c) That status quo at the time of filing the main suit be maintained.

The grounds of this Application are contained in the chamber summons and alfidavit of the l"t Applicant

40 The Respondent filed an Affidavit in reply objecting to the Application.

### RESOLUTION

Both parties filed submissions that I have taken into consideration in determining this Application.

45 The law Applicable when granting temporary injunctions is very clear and settled.

The Applicants are seeking stay of execution of orders of Court registered under SI KCCA-00011886 vide Misc. App No. 245613 and registration of the 1"t Respondent as proprietor on the suit land. That those orders be stayed pending the hearing and disposal

50 of the main suit.

> However, the Respondent in his aflidavit in reply avers that the status quo of the suit land changed having purchased the same from the 2"d Applicant and Elizabeth Nalukenge who at the time were registered on the suit land in their individual capacities. That

55 this transaction was carried out on the 17th October 2003 and as such the land had ceased to be part ofthe estate of the late Charles Kayemba Lwanga which is now administered by the Applicants.

)

It is my finding from the Affidavit evidence adduced that;

- 1. Although the suit land may form part of the estate of the late Charles Kayemba Lwanga, the administrators were registered on the suit land on the l7.lO.2OO3 and later the same day they were registered in their individual capacities and not as administrators of the estate. - 2. As per the sale agreement attached dated 9m December 2009 between the 1"t Respondent and Elizabeth Nalukenge and the 2"d Applicant, the 1"t Respondent purchased the suit land at UGX 60,000,000 and transfer forms were signed by the 2"4 Applicant and Elizabeth Nalukenge in favor of the 1"t respondent. - 3. From the certificate of title attached by the Applicants, the Applicants were registered on the suit land on the 15 / lO / 14. - 4. Applicants stated in submissions that on 09 l2/2O24, ll:,e Respondent was registered as owner of the suit land. - 75 It is my conclusion that this Application was overtaken by events given that the orders in Misc. App No. 55 of 2OO3 were stayed by the high Court vide MA No. 2456 of 2013, the Applicants did not set aside these orders, and as a result, the l"t Respondent was registered as proprietor of the suit land. Therefore, the status quo of the suit land changed. - 80 The only way forward is to have this suit resolved on merit as soon as possible.

Application dismissed. Each party bears their own costs.

/(


Elizabeth Jane Alividza 85

Judge

### $2/6/2025$

Ruling delivered on ECCMIS. 90

> Main suit 275 of 2025 is fixed for 16<sup>th</sup> October at 10.20 for fixing hearing date. Parties should be served accordingly.

Elizabeth Jane Alividza

${\bf Judge}$ 95