[2019] EACJ 3

[2019] EACJ 3

The court found that the application for interim orders was largely moot as the issues regarding the criminal summons and delayed judgment had been overtaken by events, specifically the delivery of the Constitutional Court's judgment and the subsequent stay of execution by the Supreme Court of Uganda. The only live...

Source-derived case information.

Citation
[2019] EACJ 3
Parties
Applicant: Hassan Basajjabalaba; Applicant: Muzamiru Basajjabalaba; Respondent: Attorney General of Uganda
Court
East African Court of Justice
Jurisdiction
Uganda
Judgment Date
27 March 2019
Case Number
Application 9 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application for Interim Orders Pending Determination of Reference
Outcome
application dismissed
Judges
Mugenyi JA
Legal Topics
Interim Injunctions, Rule of Law, State Responsibility, Fair Hearing Rights
Source Language
english
Administrative Law Criminal Law Interim Injunctions Rule of Law State Responsibility Fair Hearing Rights

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Parties

Hassan Basajjabalaba

Applicant

Muzamiru Basajjabalaba

Applicant

Attorney General of Uganda

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Interim Orders Pending Determination of Reference

Legal Issues

  1. 1 Whether the applicants are entitled to interim injunctive orders restraining the respondent from recommencing criminal proceedings or taking related actions pending determination of the reference.
  2. 2 Whether the application raises serious triable issues under the Treaty for the Establishment of the East African Community.
  3. 3 Whether the applicants would suffer irreparable injury not compensable by damages if interim orders are not granted.

Ratio Decidendi

The court found that the application for interim orders was largely moot as the issues regarding the criminal summons and delayed judgment had been overtaken by events, specifically the delivery of the Constitutional Court's judgment and the subsequent stay of execution by the Supreme Court of Uganda. The only live issue was the legality of the Constitutional Court's judgment and actions flowing from it, which the court agreed raised serious triable issues under the Treaty. However, the applicants failed to demonstrate irreparable injury, as any harm suffered could be adequately compensated by damages, and they were already protected by a Supreme Court stay order. The court held that...

Court Disposition

application dismissed

Orders

  • The application for interim orders is dismissed.
  • Costs shall be in the cause.