Justice Samuel Emokor of the Kabale High Court has granted leave to nine individuals who petitioned the court seeking permission to appeal against an interim injunction order.
The applicants, Fred Nayebare Kyamuzigita, the former Rukiga Resident District Commissioner, Leo Mbabazi, Naris Banyanga, Laban Tumuramye, Moses Ahumuza; Peninna Rwamanyiyo Kashangire, Joy Biranga, Benon Tugarukye and Moses Amanya, filed Miscellaneous Application No. 0039 of 2024, requesting the High Court to allow them to challenge the interim injunction granted by the Chief Magistrate’s Court in 2023.
According to the petitioners, the Kabale Chief Magistrate’s Court on October 10, 2023, issued an interim order restraining them from accessing parts of farmland that are part of the disputed property. The order also prohibited them from interfering with the applicants’ possession and use of the land.
They noted that the interim injunction was further extended on October 17, October 23, and November 2, 2023, until the determination of the main application for a temporary injunction. The nine argued that the appeal they sought to lodge was interlocutory in nature and, therefore, required leave of court, permission they formally applied for but were denied by the lower court on June 6, 2024.
In a judgment dated July 14, 2025, and read by Resident Judge Justice Karoli Lwanga Ssemogerere, the High Court ruled in favor of the applicants and granted them leave to appeal the interim injunction.
The dispute stems from a civil suit, Case No. 36 of 2023, filed on October 4, 2023, before the Kabale Chief Magistrate’s Court by a one Kibahigiire.
He accused the respondents, led by Kyamuzigita, of trespassing on his land, destroying his barbed-wire fence, and inciting other residents of Nyabubaare Cell and Muhanga Town Council to encroach on the disputed property.
Kibahigiire alleges that Kyamuzigita facilitated the encroachment and unlawful occupation of his land, prompting him to seek legal redress.
