Akampumuza v Makerere University Business School & 2 Ors (Civil Application No. 275 of 2015)
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Holding
The single Justice granted the applicant's request for an interim order staying proceedings in Civil Applications Nos. 263 and 264 of 2015 pending disposal of the applicant's substantive Civil Application No. 274 of 2015. The Court found the applicant had shown a prima facie case with a probability of success in the substantive application, that continued delay in the underlying High Court judicial review (Miscellaneous Cause No. 310 of 2013) was likely to cause irreparable loss not compensable in damages because the second and third respondents might leave the first respondent's employment, and that the balance of convenience favoured staying the applications to avoid multiplicity of proceedings. Costs to abide the outcome of Civil Application No. 274 of 2015.
Facts
The applicant had brought a judicial review application (High Court Miscellaneous Cause No. 310 of 2013) against the respondents concerning acts of the second and third respondents, staff of the first respondent, that adversely affected the applicant's interests. During the hearing, the trial Judge allowed the respondents to raise preliminary points of law in their final written submissions rather than as a separate hearing, and refused them leave to appeal that direction. The respondents then lodged Civil Applications Nos. 263, 264 and 265 of 2015 in the Court of Appeal seeking leave to appeal and stays of proceedings. Application No. 265 of 2015 was earlier dismissed. The applicant filed Civil Application No. 274 of 2015 to strike out the respondents' applications and sought the present interim order to stay Applications Nos. 263 and 264 of 2015 pending its disposal, arguing the respondents were abusing court process to delay the judicial review until the second and third respondents left employment.
Issues
- Whether the applicant satisfied the conditions for the grant of an interim order staying proceedings in Civil Applications Nos. 263 and 264 of 2015 pending disposal of the applicant's substantive Civil Application No. 274 of 2015.
Orders
- Application allowed.
- An interim order issued staying the proceedings in Civil Applications Nos. 263 of 2015 and 264 of 2015 pending disposal of the applicant's Civil Application No. 274 of 2015.
- The Registrar to summon the parties to Civil Application No. 274 of 2015 to fix a hearing date for its disposal as quickly as the Court calendar permits.
- Costs of this application to abide the outcome of Civil Application No. 274 of 2015.