Wakilii

Christ Alive Glorious Ministries International (CAGMI) V National Bureau for Non Government Organisation (Civil Miscellaneous Application No. 422 of 2021)

High Court · [2021] UGHCCD 60 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction restraining implementation of decision to cancel NGO certificate of registration
Decision
Temporary injunction granted pending disposal of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a temporary injunction restraining the National Bureau for Non-Governmental Organisations from implementing its decision to cancel the applicant NGO's certificate of registration. The court found that the applicant established a prima facie case as there was a serious triable issue regarding whether the cancellation followed proper procedure and whether the applicant was afforded a hearing. The court held that the applicant would suffer irreparable injury that could not be adequately compensated by damages, as closure would affect churches, schools, and an entire community of innocent beneficiaries whose loss would be non-pecuniary and unquantifiable. The balance of convenience favoured the applicant.

Outcome

Temporary injunction granted pending disposal of the main suit

Facts

The applicant, Christ Alive Glorious Ministries International (CAGMI), is an NGO registered in 2008 as a company limited by guarantee and with the National Bureau for Non-Governmental Organisations in 2010, serving over 5,000 members across multiple sub-regions. On 5th May 2021, the respondent's Executive Director issued a letter indefinitely cancelling the applicant's certificate of registration, citing allegations including complaints from Hope Africa International (a US donor organisation), irreconcilable differences with two factions claiming control, an expired permit of operation (expired 8th July 2015), and gross violations of the organisation's governing documents. The respondent had issued a show cause notice on 16th July 2020, to which only one faction responded. The applicant contended it was never served with the complaints or the show cause letter and was not afforded a hearing before the cancellation decision. The Chief Administrative Officer of Kapchorwa was directed to take immediate action to close all activities and operations of CAGMI.

Issues

  1. Whether the applicant satisfied the conditions for the grant of a temporary injunction restraining the respondent from implementing the decision to cancel the certificate of registration.

Orders

  • A temporary injunction is granted restraining the respondent and/or its agents (the Chief Administrative Officer of Kapchorwa) from implementing the impugned decision in letter Ref: ADM/NGOB/42/40/74 dated 5th May 2021 until the disposal of the main suit.
  • Application allowed with costs in the cause.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Conditions for Grant — Prima Facie Case
An applicant seeking a temporary injunction must satisfy the court that the claim is not frivolous or vexatious and that there is a serious question to be tried. A prima facie case means there must be a triable issue raising a prima facie case for adjudication, not that the applicant must prove the case to the hilt.
Civil Procedure — Temporary Injunctions — Irreparable Injury — Non-Pecuniary Loss
Irreparable injury for purposes of a temporary injunction does not mean physical impossibility of repairing the injury, but refers to substantial or material injury that cannot be adequately atoned for in damages. Where the injury is non-pecuniary in nature and affects a wider public beyond the applicant (such as disruption to churches and schools serving an entire community), damages cannot adequately compensate the loss.
Civil Procedure — Temporary Injunctions — Balance of Convenience — Comparative Detriment
The balance of convenience lies more with the party who will suffer greater harm if the respondent is not restrained in the activities complained of. Where failure to grant a temporary injunction would cause greater detriment to the applicant and innocent third-party beneficiaries than granting it would cause to the respondent, the balance of convenience tilts in the applicant's favour.
Administrative Law — Procedural Fairness — Right to Be Heard — Natural Justice
Where an applicant alleges that an administrative decision to cancel registration was made without affording a hearing or following proper procedures, this raises a serious triable issue of whether the decision was made in accordance with the law and principles of natural justice.

Legislation cited (4)

Cases cited (7)

  • American Cyanamid Co v Ethicon Ltd [1975] AC 396
  • Victor Construction Works Ltd v Uganda National Roads Authority (High Court Misc. Application No. 601 of 2010)
  • Joweria Mukalazi v Bank of Uganda (High Court Misc. Application No. 399 of 2021)
  • Giella v Cassman Brown & Co [1973] EA 358
  • Commodity Trading Industries v Uganda Maize Trading Industries [2001-2005] HCB 119
  • J K Sentongo v Shell (U) Ltd [1995] 111 KLR 1
  • Kiyimba Kaggwa v Haji A N Katende [1985] HCB 43

Full judgment

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

Christ Alive Glorious Ministries International (CAGMI) V National Bureau for Non Government Organisation (Civil Miscellaneous Application No. 422 of 2021) [2021] UGHCCD 60 (30 July 2021)
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.