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Imaniraguha v Commissioner General of Uganda Revenue Authority and Another (Civil Miscellaneous Application No. 29 of 2012)

Constitutional Court · [2012] UGCC 14 · 2012 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an interim order of stay of criminal proceedings pending determination of a related application and constitutional petition
Decision
Interim order granted staying the criminal proceedings and suspending the warrants of remand and arrest pending determination of Miscellaneous Application No. 28 of 2012

Observed later treatment

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Holding

The court considered whether to grant an interim order staying criminal proceedings pending determination of the applicant's main application and constitutional petition, and whether it could hear a party alleged to be in contempt. Applying the settled principles for interim injunctions — prima facie case, irreparable injury, and balance of convenience — Kavuma JA/CC held the applicant established a prima facie case raising serious constitutional issues, that violation of the underogable right to a fair hearing under Articles 28(1) and 44(c) cannot be compensated in damages, and that the balance of convenience favoured him. The general rule barring an alleged contemnor from being heard is not absolute, and he fell within recognised exceptions. Application allowed and interim stay granted.

Outcome

Interim order granted staying the criminal proceedings and suspending the warrants of remand and arrest pending determination of Miscellaneous Application No. 28 of 2012

Facts

From 2007, criminal proceedings were repeatedly preferred against, then withdrawn and reinstated against, the applicant. On 22 June 2012 he was again charged before the Anti-Corruption Division of the High Court in Case No. ACC-CO 087 of 2012 over taxes allegedly unpaid on vehicles. He appeared on 30 July 2012, when the prosecution tendered an amended charge, he pleaded not guilty, his counsel's objection to the indictment was overruled, and the magistrate committed him to the High Court for trial, informing him of his right to apply for bail. A Warrant of Commitment on Remand issued the same day. The respondents asserted he escaped from court custody before being handed to prison, prompting a Warrant of Arrest on 6 August 2012. The applicant filed Constitutional Petition No. 37 of 2012 challenging the proceedings as violating his rights, followed by Miscellaneous Application No. 28 of 2012 and the present application for an interim stay. The respondents contended the petition disclosed no triable issue, was intended to circumvent the prosecution, and that the applicant came to court with unclean hands while in contempt of court orders.

Issues

  1. Whether the applicant/petitioner satisfied the principles for the grant of an interim order staying the criminal proceedings pending before the Anti-Corruption Division of the High Court.
  2. Whether the court could hear the applicant/petitioner where he was alleged to be in contempt of, or in disobedience of, existing orders of the High Court.

Orders

  • An interim order issued staying the criminal proceedings against the applicant/petitioner in or arising from the Anti-Corruption Division of the High Court in Case No. ACC-CO 087 of 2012 until Miscellaneous Application No. 28 of 2012 is heard and finally determined or until further orders of the court.
  • An interim order issued suspending the Warrant of Commitment on Remand dated 30 July 2012 and the Warrant of Arrest dated 6 August 2012 in Criminal Case No. ACC-CO-087 of 2012 until Miscellaneous Application No. 28 of 2012 is heard and finally determined or until further orders of the court.
  • The Registrar of the court and the parties shall take all necessary steps to ensure Miscellaneous Application No. 28 of 2012 is heard at the earliest possible time; if no hearing is undertaken within 90 days, the orders shall be brought before the court for possible review.
  • The costs of this application shall abide the outcome of Miscellaneous Application No. 28 of 2012.

Rules and key headnotes

Civil Procedure — Interim Orders and Temporary Injunctions — Conditions for Grant
An interim or temporary injunction will issue only where the applicant shows a prima facie case with a probability of success, that he would otherwise suffer irreparable injury not adequately compensable in damages, and, where the court is in doubt, that the balance of convenience lies in his favour.
Civil Procedure — Interim Orders — Function of the Court at the Interlocutory Stage
At the interlocutory stage it is no part of the court's function to resolve conflicts of evidence on affidavit or to decide difficult questions of law calling for detailed argument; such matters are reserved for the trial of the main cause.
Human Rights — Fair Hearing — Underogable Rights — Irreparable Injury
The right to a fair hearing under Article 28(1) of the Constitution is an underogable right under Article 44(c); its violation, if proved, cannot be adequately compensated by an award of damages and therefore constitutes irreparable injury.
Civil Procedure — Contempt of Court — Right of an Alleged Contemnor to be Heard
The general rule that a court will not hear a party in disobedience of a court order is not absolute; where the ends of justice require, such a party may be heard, for instance in defence of his constitutional rights or where he protests the irregularity of the order or the process leading to it.
Constitutional Law — Jurisdiction of the Constitutional Court — Precedence of Constitutional Matters
A constitutional matter, once raised, must be resolved by the Constitutional Court and takes precedence over other matters, and a court of law as the custodian and guarantor of justice should never itself become an instrument of injustice.

Legislation cited (19)

Cases cited (13)

  • Giella v Cassman Brown & Co Ltd [1973] EA 358
  • Noor Mohammed Kassamali Virji v Madhani [1953] 20 EACA 80
  • Robert Kavuma v Hotel International Ltd (Supreme Court Civil Appeal No. 19 of 1990)
  • American Cyanamid Co v Ethicon Ltd [1975] All ER 504
  • Jim Muhwezi v Attorney General and Another (Miscellaneous Application No. 18 of 2007)
  • Hadkinson v Hadkinson [1952] All ER 567
  • Anifa Kawooya v Attorney General and Another (Constitutional Application No. 46 of 2010)
  • Hovey v Elliott 167 US 409 (1897)
  • Cooker De Montmorency, I Hogan, 181
  • Howard vs Neman 1 Moll 221
  • Odel v Hart Id. 492
  • Baker vs Dawon and Parry vs Perryman ... I coop.t.Cott 207
  • Chuck v Cranmer, I Coop. t. COH 205

Full judgment

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

Imaniraguha v Commissioner General of Uganda Revenue Authority and Another (Civil Miscellaneous Application No. 29 of 2012) [2012] UGCC 14 (29 August 2012)
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.