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The High Court in Kampala has issued a temporary injunction stopping City Oil Uganda Limited and its associates from dealing in a disputed piece of land in Entebbe, ruling that the property must remain untouched until the conclusion of a pending suit.
In her ruling, Deputy Registrar Josephine Kabasinguzi Kayondo of the Land Division said the injunction was necessary “to preserve the status quo” and prevent “the ends of justice” from being defeated before the main case is heard.
“I hereby grant a temporary injunction restraining the respondents or their assignees, successors, agents or any person acting on their behalf from dealing, interfering, disposing of, sub-dividing, transferring, or forceful entry into the suit property comprised in Plot 33, 35-43, Portal Road, Entebbe Municipality, until the disposal of the main suit,” ruled Kayondo.
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The order follows a suit filed by the Registered Trustees of Entebbe Institute, a trust claiming ownership of the land formerly occupied by the historic Goans Club since 1905.
The trustees allege that the land, which was used for community sports activities, was wrongfully taken and later sold to City Oil (U) Ltd through fraudulent transfers involving several entities, including Tamali Foods Exporters Ltd and the Departed Asians Property Custodian Board.
The applicant told court that in December 2023, unknown individuals “accompanied by an earth-moving tractor” demolished their buildings, evicted caretakers, and fenced off the land with iron sheets.
“The applicant contends that they were forcefully and illegally evicted, and that the destruction caused great loss which cannot be adequately compensated in damages,” the judge noted.
While the Commissioner for Land Registration argued that the applicant’s lease had expired and that City Oil was now the registered proprietor “with no encumbrances whatsoever,” Justice Kayondo observed that the court’s role at this stage was not to determine ownership but to preserve the property pending trial.
“The major purpose for a temporary injunction,” she stated, “is to maintain the status quo so as not to render the main suit nugatory. Being an exercise of judicial discretion, court is under duty to prevent the ends of justice from being defeated.”
Quoting the landmark decision in Kiyimba Kaggwa v. Abu Nasser Katende (1985), she reiterated that courts must consider whether an applicant has a prima facie case, whether irreparable harm would be suffered, and where the balance of convenience lies.
On the question of harm, the judge observed that although the trustees might be compensated for losses, the balance of convenience favored them because they were in possession before the contested eviction.
“I believe that the balance of convenience lies with the applicant who was in possession and forcefully evicted by the respondents,” she held.
The court also noted that none of the respondents, including City Oil, filed submissions opposing the injunction despite being duly served.
“Denying the temporary injunction before the determination of the main suit will be disadvantageous to the members of the club and people of the municipality,” Kayondo stated.
The injunction will remain in effect until the High Court disposes of the main suit (Civil Suit No. 302 of 2024), in which Entebbe Institute seeks recovery of the property and damages for alleged illegal eviction and demolition.
