Wakilii

ACP Bakaleke Siraje v Attorney General (Miscellaneous Application No.551 of 2018)

High Court · [2018] UGHCCD 305 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to proceed ex parte and for a temporary injunction restraining the DPP from prosecuting the applicant pending determination of judicial review proceedings
Decision
Application dismissed with costs to the respondent

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Holding

Application for leave to proceed ex parte and for a temporary injunction dismissed. Court held that the Attorney General had responded to the application and it would be unfair to shut out the respondent from the proceedings. On the temporary injunction, the court found that the applicant failed to establish a prima facie case, having suppressed material facts and provided no evidence supporting the claim that the DPP instituted charges without evidence. Court emphasised that injunctions against public authorities executing constitutional functions must be granted with caution, particularly where they would prevent the DPP from exercising powers conferred by Article 120(3) of the Constitution in the public interest.

Outcome

Application dismissed with costs to the respondent

Facts

The applicant, a police officer (ACP Bakaleke Siraje), instituted judicial review proceedings challenging the decision of the Director of Public Prosecutions to prosecute him. The applicant had been charged with abuse of office, conspiracy to defraud, kidnapping with intent to confine, and conspiracy to commit a felony. Criminal summons were issued by the Anti-Corruption Court requiring the applicant to appear on 5 October 2018. The applicant brought this application seeking leave to proceed ex parte against the Attorney General and for a temporary injunction restraining the DPP from prosecuting him until the judicial review application was determined. The applicant contended that the charges were instituted without evidence and on the direction of a third party, leading to his suspension. The Attorney General opposed the application, stating that the DPP had properly perused the case file and determined that sufficient evidence existed to support the charges.

Issues

  1. Whether the applicant should be granted leave to proceed ex parte against the respondent.
  2. Whether a temporary injunction should issue against the respondent restraining prosecution of the applicant pending determination of the judicial review application.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Applications Against Public Authorities — Public Interest Considerations
Temporary injunctions against public authorities executing constitutional functions must be granted with caution and circumspection. Public interest is a paramount and relevant consideration in either granting or refusing to grant a temporary injunction. Where the conflicting interests are between the public at large and a few individuals, the interest of the public at large must prevail over the interest of a few individuals.
Administrative Law — Director of Public Prosecutions — Constitutional Powers — Injunctions Restraining Prosecutions
Courts should be slow to grant injunctions restraining the Office of the Director of Public Prosecutions from exercising powers conferred by Article 120(3) of the Constitution. The DPP exercises those powers in public interest, the interest of the administration of justice, and the need to prevent abuse of legal process. An injunction restraining the DPP from instituting criminal proceedings affects the greater public interest protected by that constitutional office.
Civil Procedure — Temporary Injunctions — Prima Facie Case — Burden of Proof
The burden is on the applicant for a temporary injunction to satisfy the court by leading evidence or otherwise that he has a prima facie case in his favour. A prima facie case should not be confused with a case proved to the hilt. It is no part of the court's function at the interlocutory stage to try and resolve conflicts of evidence or to decide complicated questions of fact and law which call for detailed arguments and mature consideration.
Civil Procedure — Leave to Proceed Ex Parte — Fairness and Natural Justice
Where the respondent has filed an affidavit in reply demonstrating an intention to participate in proceedings and setting out reasons for any initial delay, it would be unfair to grant leave to proceed ex parte and shut the respondent out of the proceedings. It is in the interest of justice that a respondent be permitted to respond to serious allegations made against them.

Legislation cited (11)

Cases cited (6)

  • Erisa Rainbow Musoke v Ahamada Kezala [1987] HCB 81
  • Kiyimba Kaggwa v Haji Abdul Nasser Katende [1985] HCB 43
  • American Cyanamid Co v Ethicon Ltd [1975] AC 396
  • Elias Lukwago v Attorney General (Miscellaneous Cause No. 237 of 2013)
  • Daniel Mukwaya v Administrator General (HCCS No. 630 of 1993)
  • Commodity Trading Industries v Uganda Maize Trading Industries [2001-2005] HCB 119

Full judgment

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ACP Bakaleke Siraje v Attorney General (Miscellaneous Application No.551 of 2018) [2018] UGHCCD 305 (11 October 2018)
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.