Attorney General v Forum for Democratic Change & (Constitutional Application No. 18 of 2016)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

On the Attorney General's application, the Deputy Chief Justice issued an interim order restraining the respondents, their agents and supporters from engaging in demonstrations, processions, public meetings, media campaigns or pronouncements in furtherance of the respondents' "defiance campaign", including the demonstration planned for 5 May. The court also stayed proceedings in High Court Miscellaneous Cause No. 32 of 2016 and Criminal Application No. 1 of 2016 at the Chief Magistrate's Court, Nabweru. The orders were to remain in force for four weeks, with costs to follow the determination of the main application for a temporary injunction in Constitutional Application No. 017 of 2016.

Outcome

Interim orders granted, to remain in force for four weeks pending the hearing of the main application for a temporary injunction

Facts

The Attorney General applied to the Constitutional Court for an interim order in connection with a main application for a temporary injunction (Constitutional Application No. 017 of 2016) and a related constitutional petition. The application concerned the respondents' planned "defiance campaign", including demonstrations and processions scheduled for 5 May 2016. The Attorney General sought to restrain the respondents and those acting under their authority from those activities, and to stay related proceedings in the High Court and the Chief Magistrate's Court, pending determination of the main application. The matter came before the Deputy Chief Justice, who considered the submissions of counsel for the applicant.

Issues

1. Whether an interim order should issue restraining the respondents from the planned defiance campaign and demonstrations, and staying related proceedings, pending the hearing of the main application for a temporary injunction.

Orders

• An interim order issued against the 1st and 2nd respondents, their agents, officials, supporters or any other person acting under their authority, restraining them from engaging in demonstrations, processions, other public meetings, media campaigns or pronouncements, including the planned demonstrations or processions scheduled for 5 May, in furtherance of the respondents' "defiance campaign", pending the hearing and determination of the main Constitutional Application No. 017 of 2016.
• An interim order issued staying the 1st and 2nd respondents, their agents, officials, supporters or any other person acting under their authority, from conducting any defiance campaign pending the hearing and determination of the main application for a temporary injunction in Constitutional Application No. 017 of 2016.
• An interim order restraining all proceedings in Miscellaneous Cause No. 32 of 2016 (Col. (Rtd) Dr. Kizza Besigye v The Attorney General) in the High Court at Kampala and in Criminal Application No. 1 of 2016 (Col. (Rtd) Dr. Kizza Besigye v Inspector General of Police and Another) in the Chief Magistrate's Court at Nabweru, pending the hearing and determination of the main application for a temporary injunction in Constitutional Application No. 017 of 2016.
• The interim orders shall remain in force for four (4) weeks from the date hereof unless otherwise ordered by the Court.
• The Registrar is directed to ensure all necessary pre-trial steps are taken to have the main Constitutional Application No. 017 of 2016 fixed for hearing interparties within the stipulated time.
• The costs of this application shall follow the hearing and determination of the main application for a temporary injunction in Constitutional Application No. 017 of 2016.

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