Wakilii

Elementary Energy Limited v Electricity Regulatory (MISCELLENOUS APPLICANT EDT 7 of 2019)

Tribunal · [2019] UGEDT 1 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from Complaint No. 021 of 2019 challenging regulatory compliance notices
Decision
Temporary injunction granted pending final determination of the underlying complaint

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal granted a temporary injunction restraining the Electricity Regulatory Authority from implementing or enforcing its Notice of Compliance and Notice to Show Cause dated 18 July 2019 pending final determination of the underlying complaint. The Tribunal held that the applicant demonstrated triable issues relating to the legality of the regulatory notices, that refusal would render the final orders nugatory and cause irreparable injury not adequately compensable by damages, and that the balance of convenience favoured preserving the status quo.

Outcome

Temporary injunction granted pending final determination of the underlying complaint

Facts

Elemental Energy Ltd held electricity generation Licence No. ERA/LIC/GEN/016/146 issued on 7 October 2016. On 18 July 2019, the Electricity Regulatory Authority issued the applicant a Notice of Authority Decision in respect of Compliance finding that the applicant was unlikely to fulfil its obligations under the licence, and a Notice to Show Cause why the licence should not be revoked. The applicant filed Complaint EDT No. 021 of 2019 challenging the legality of these notices, alleging they were issued in breach of the Electricity Act Cap 145. The applicant then sought a temporary injunction to restrain the Authority from implementing or enforcing the notices pending final determination of the complaint, arguing that the licence was at imminent risk of wrongful revocation.

Issues

  1. Whether the applicant satisfied the conditions for the grant of a temporary injunction.
  2. Whether the applicant demonstrated a prima facie case with a probability of success.
  3. Whether the applicant would suffer irreparable injury if the injunction were not granted.
  4. Whether the balance of convenience favoured the grant of the temporary injunction.

Orders

  • A temporary injunction does issue restraining the Respondent, its officers, servants, agents, representatives or any person from implementing, enforcing, relying or furtherance of the decisions/findings in the Notice of Authority Decision in respect of Compliance by Elemental Energy Uganda Limited dated 18 July 2019 and the Notice to Elemental Energy Uganda Limited to Show Cause why Licence No. ERA/LIC/GEN/016/146 should not be revoked until final determination of Complaint No. EDT/021/2019.
  • The injunction extends to any similar dispute before the tribunal between these parties in which the issues raised are substantially the same as those in Complaint EDT No. 021/2019.
  • Each party to meet its own costs.

Rules and key headnotes

Temporary Injunctions — Conditions for Grant — Prima Facie Case
The grant of a temporary injunction is an exercise of judicial discretion and the purpose is to preserve matters in status quo until the questions to be investigated can finally be disposed of. The applicant must show a prima facie case with a probability of success.
Temporary Injunctions — Irreparable Injury — Adequacy of Damages
An applicant for a temporary injunction must demonstrate that if the injunction is not granted, the applicant would suffer irreparable injury which would not adequately be compensated by an award of damages.
Temporary Injunctions — Balance of Convenience
If the court is in doubt on an application for a temporary injunction, it will decide the application on the balance of convenience.
Temporary Injunctions — Protection of Legal Rights Pending Litigation
The court has a duty to protect the interests of parties pending the disposal of the substantive suit. The subject matter of a temporary injunction is the protection of legal rights pending litigation. In exercising its jurisdiction to protect legal rights from irreparable or serious damage pending trial, the court does not determine the legal rights but merely preserves the actual condition until legal title or ownership can be established or declared.
Regulatory Licences — Temporary Injunction to Prevent Revocation Pending Challenge
Where an applicant challenges the legality of regulatory compliance notices that threaten licence revocation, and there are triable issues relating to the legality of the regulator's conduct and the notices issued, a temporary injunction may issue to preserve the applicant's right to challenge the decisions and prevent the final orders of the tribunal from being rendered nugatory.

Legislation cited (1)

Cases cited (2)

  • Kiyemba-Kaggwa v Katende (Civil Suit No. 2019 of 1984)
  • Godfrey Sekitoleko and 4 Others v Seezi Peter Mutabazi and 2 Others (Civil Appeal No. 65 of 2001)

Full judgment

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

Elementary Energy Limited v Electricity Regulatory (MISCELLENOUS APPLICANT EDT 7 of 2019) [2019] UGEDT 1 (26 November 2019)
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.