Cranmer Sajjabi Imaka v David Kawune Wakhooli (Constitutional Petition Application No. 6 of 2008)

Constitutional Court · [2008] UGCC 5 · 2008 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application for a temporary injunction in a constitutional petition

Decision

Temporary injunction granted pending the final disposal of Constitutional Petition No. 11 of 2008

The full judgment

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions — always read the source judgment before relying on it.

Holding

The Court held that this was a proper case in which to exercise its discretion to grant a temporary injunction. It issued an injunction restraining the respondents, by themselves or their representatives, agents or workmen, from conducting elections of the new Kyabazinga of Busoga under the Constitution of Obwakyabazinga bwa Busoga, 2000, or any arrangement not in accordance with the traditions, customs, cultures, wishes and aspirations of the Basoga, until the final disposal of Constitutional Petition No. 11 of 2008 or further orders. Costs of the application were to abide the results of the pending petition.

Facts

The applicants brought an application for a temporary injunction in connection with a pending constitutional petition concerning the leadership of the Busoga cultural institution. They sought to restrain the respondents from conducting elections of the new Kyabazinga of Busoga under the Constitution of Obwakyabazinga bwa Busoga, 2000, or under any other arrangement said not to accord with the traditions, customs and wishes of the Basoga, pending determination of the main petition. The ruling does not set out the underlying facts in detail.

Issues

Whether the applicants were entitled to a temporary injunction restraining the respondents from conducting elections of the new Kyabazinga of Busoga pending the disposal of the main constitutional petition.

Orders

A temporary injunction issues against the respondents, restraining them whether by themselves, representatives, agents or workmen, from conducting elections of the new Kyabazinga of Busoga under the Constitution of Obwakyabazinga bwa Busoga, 2000, or any other arrangement not in accordance with the traditions, customs, cultures, wishes and aspirations of the Basoga, until the final disposal of Constitutional Petition No. 11 of 2008 or further orders.
Costs of this application will abide the results of the pending petition.

Key headnotes

Civil Procedure — Temporary Injunctions — Court's Discretion to Preserve the Status Quo Pending a Constitutional Petition

The Constitutional Court may, in the exercise of its discretion, grant a temporary injunction to preserve the status quo and restrain conduct pending the final disposal of a constitutional petition.

Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.