[2013] UGHC 252

[2013] UGHC 252

The court found that there is no express provision for the grant of interim orders of injunction in applications for judicial review under the current rules. The applicant failed to demonstrate that he would be left without any remedy in the main application if the interim order was not granted, as the election...

Source-derived case information.

Citation
[2013] UGHC 252
Parties
Applicant: Byanyima Nathan; Respondent: The National Resistance Movement
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
8 November 2013
Case Number
Hct -05-cv-ma-no. 225/2013
Procedural Posture
Miscellaneous Application / Ruling on Interim Injunction
Outcome
application disallowed
Legal Topics
Interim Injunctions, Judicial Review Procedure, Balance of Convenience, Electoral Disputes
Source Language
english
Civil Procedure Election Petitions Interim Injunctions Judicial Review Procedure Balance of Convenience Electoral Disputes

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Byanyima Nathan

Applicant

The National Resistance Movement

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interim order of injunction restraining the respondent from conducting a re-run of the NRM primaries in Ngarama sub county Bukanga constituency.
  2. 2 Whether the absence of express provision for interim orders in judicial review applications precludes the grant of such orders.
  3. 3 Whether the applicant will suffer irreparable harm or lack of remedy if the interim order is not granted.

Ratio Decidendi

The court found that there is no express provision for the grant of interim orders of injunction in applications for judicial review under the current rules. The applicant failed to demonstrate that he would be left without any remedy in the main application if the interim order was not granted, as the election could be nullified and he could remain the NRM flag bearer if he succeeds in the substantive application. Granting the interim order would risk causing gross injustice and unnecessary confusion, especially since the polling exercise was already underway. The balance of convenience favored disallowing the application, and the court declined to exercise its inherent powers to grant...

Court Disposition

application disallowed

Orders

  • The application for an interim order of injunction is disallowed.
  • No order as to costs.