Wakilii

Asiimwe v Forum for Democratic Change (FDC) Anor (MISC APP NO 620 of 2020)

High Court · [2020] UGHCCD 206 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction and judicial review arising from internal party nomination dispute
Decision
Application dismissed on preliminary objections without consideration of merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for temporary injunction and judicial review on two preliminary objections. First, the applicant failed to exhaust internal party remedies by not lodging his complaint with the FDC National Election Tribunal as required by the party constitution. Second, the status quo had already changed before the application was filed, as the first respondent had already endorsed the second respondent as its flag bearer on 15 September 2020, before the application was filed on 2 October 2020. Granting the injunction would reverse rather than maintain the status quo.

Outcome

Application dismissed on preliminary objections without consideration of merits

Facts

In August 2020, following the creation of Nakawa West Constituency, the applicant and second respondent expressed interest in representing the constituency as members of the first respondent (FDC). Three candidates submitted documents expressing interest. The first respondent used a vetting process to select its candidate. The applicant contends he emerged as the best candidate at constituency level and his name was sent to the FDC National Electoral Commission for endorsement. Instead, the National Electoral Commission endorsed the second respondent. The applicant was informed at a meeting that there were issues with his A-level academic papers and the party had decided to front the second respondent. The first respondent endorsed the second respondent as its flag bearer on 15 September 2020. The applicant filed this application on 2 October 2020 seeking to restrain the first respondent from endorsing the second respondent for nomination by the Electoral Commission.

Issues

  1. Whether the applicant exhausted internal party dispute resolution mechanisms before seeking judicial review.
  2. Whether the status quo sought to be maintained had already been overtaken by events at the time of filing the application.

Orders

  • Application for temporary injunction dismissed.
  • Application for judicial review dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Judicial Review — Exhaustion of Internal Remedies — Political Party Dispute Resolution Mechanisms
An applicant seeking judicial review of a political party's internal electoral decision must first exhaust the dispute resolution mechanisms provided for in the party's constitution, including lodging a complaint with the party's National Election Tribunal where such a body exists and has jurisdiction over electoral disputes.
Civil Procedure — Temporary Injunctions — Status Quo — Requirement to Maintain Not Reverse
The purpose of a temporary injunction is to preserve the status quo until the substantive matter can be finally disposed of. Where the status quo has already changed before the application is filed, the court will decline to grant an injunction as any order would reverse rather than maintain the status quo.
Administrative Law — Political Parties — Internal Dispute Resolution — Proper Forum
Where a political party's constitution establishes a National Election Tribunal with the function of resolving disputes arising out of party elections, complaints must be addressed to that Tribunal and not to other party officials such as the Secretary General or Chairman of the Electoral Commission who are not members of the Tribunal.

Legislation cited (6)

Cases cited (9)

  • Betty Amongi & Anor v Olara Otunnu (MC No. 35 of 2015)
  • Kirunde Mubarak & Anor v FDC (MC No. 27 of 2020)
  • Republic -v- Fire Arms Licensing Board & Another, Ex- parte Boniface Mwaura, Judicial Review Misc Application No. 47 of 2018
  • Chief Constable of North Wales v Evans [1982] 3 All ER 141
  • Uganda Super League Ltd v FUFA (SCCA No. 67 of 2015)
  • Mitanda Bakale Masso David v Uganda Revenue Authority (MA No. 1424 of 2017)
  • Titus Tayebwa v Fred Bogere & Eric Mukasa (Civil Appeal No. 3 of 2009)
  • E.L.T Kiyimba-Kagwa v Hajji Katende Abdul Nasser (Civil Suit No. 2109 of 1984)
  • Uganda Super League Limited v Federation of Uganda Football Association (FUFA) Limited (CA No. 67 of 2015)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Asiimwe v Forum for Democratic Change (FDC) Anor (MISC APP NO 620 of 2020) 2020 UGHCCD 206 (15 October 2020)
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.