Nabumbaflorence Nalongo v Nabasirye Ruth Mayambala and Others (MISCELLANEOUS APPEAL NO. 181 OF 2023) [2025] UGHC 249 (30 April 2025)

## THE REPUBLIC OF UGANDA

# IN THE HIGH COURT OF UGANDA AT KAMPALA

#### (LAND DIVISION)

## MISCELLANEOUS APPEAL NO. 181 OF 2023

#### (ARTSTNG FROM CIVIL SUIT NO. 587 OF 2023)

10 NABUMBAFLORENCENALONGO-'------ -----------------aPPLtCANT

-VS.

- 1. NABASIRYE RUTH MAYAMBALA - 2. WASSWA ZULUBABERI WAMPAMBA SSALONGO - 3. SSEKYEWA RASHID KHAMIS--."--- RESPONDENTS

## BEFORE: Hon. Lady Justice Olive Kazaarwe Mukwaya.

#### RULING

This appeal lies against the Ruling of the Learned Deputy Registrar and is brought on grounds that in making her ruling, third parties on the suit land, who are not pariy to the suit were included in the Court's Temporary lnjunction Order. lt is the Appellant's contention that the Learned Registrar's ruling bestowed ownership rights upon the said 3'd parties.

ln reply, the Respondent contends that the appeal is an abuse of Court's process and does not satisfy the grounds to set aside the Temporary lniunction Order issued by the Learned Deputy Registrar.

<sup>I</sup>have perused the Temporary lnjunction Order issued by the Learned Deputy Registrar' The findings at page 10 of the ruling relating to the 3rd parties reads as follows;

llPree

- 5 "An order that the status quo remains as well on the rest of the plots included in the suit propefty and specificatty land comprised in Kyadondo Block 65 Plots 3044 in the names of the 1st Respondent and furlher that the third pafties already currently in possesslon of those plots, formerly betonging to the 1st Respondent continue ln possession but are only by this order restrained from setting, transfening or disposing of the plots they currently - 10 occupy until final disposal of the main suit "

under order 42 of the cPR governing Temporary lnjunctions the prime purpose of lnjunction Orders is to preserve the status quo.

I find that in agreement with the Respondent, I cannot fault the order of the Learned Deputy Registrar. I find that no ownership rights were bestowed on the 3'd parties. The

15 status quo was that they were in occupation of the part of the suit land and that is the Temporary lnjunction Order that maintained the status quo.

ln conclusion I find that this appeal lacks merit and is hereby dismissed with costs in the cause.

<sup>L</sup> r

Olive Kazaarwe Mukwaya JUDGE 30th April 2025

25 Delivered by Eccmis to Counsel for the Parties.