John Teira, Ruto Grace Cherotich v Makerere University Council (Misc.Application No.139 of 2010)

High Court · [2010] UGHC 42 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter

Jurisdiction

Uganda

Case Type

Ex-parte application for interim order arising from judicial review proceedings challenging Guild Electoral Tribunal decision

Decision

Interim order granted; election process halted pending determination of main application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an interim order restraining Makerere University Council from conducting Guild Elections pending determination of the main application should be granted. The application raised serious triable issues concerning alleged breaches of natural justice by the Guild Electoral Tribunal. It was fair, just and expedient to preserve the status quo by halting the election process until the court could determine the substantive judicial review application.

Outcome

Interim order granted; election process halted pending determination of main application

Facts

The applicants challenged a decision of the Makerere University Guild Electoral Tribunal which ordered elections to be re-conducted in some Halls of residence. They filed Miscellaneous Cause No. 49 of 2010 seeking judicial review and prerogative orders of certiorari, mandamus and prohibition. While that main application was pending hearing on 21 April 2010, they sought an urgent interim order to stop the University Council from conducting the elections. The application was brought late in the day (towards 5.00 p.m.) and efforts were made to serve the respondent, though copies were left with staff as most officers had left for home. The applicants contended that in the absence of a restraining order, the elections would proceed on the basis of the impugned Tribunal decision before their judicial review application could be heard.

Issues

Whether an interim order should be granted restraining the respondent from conducting Guild Elections pending determination of the main application.
Whether the applicants have a prima facie case with probability of success.
Whether the applicants would suffer irreparable injury if the injunction is refused.
Whether the balance of convenience favours the grant of an interim order.

Orders

Interim order granted restraining the respondent from conducting any form of Guild Election until disposal of HCMA No. 49 of 2010.
Costs shall be in the cause.

Rules and key headnotes

Interlocutory Applications — Temporary Injunctions — Test for Grant

To obtain a temporary injunction, an applicant must show that the aim is to maintain the status quo until determination of the whole dispute; that there is a prima facie case with probability of success; that the applicant would suffer irreparable injury which damages would not adequately compensate if the injunction is refused and the applicant later succeeds; and that the balance of convenience favours the grant.

Interlocutory Applications — Prima Facie Case — Alternative Test of Serious Triable Issue

While showing a prima facie case with probability of success is a consideration for grant of a temporary injunction, a more realistic and fair test is whether the case raises any serious triable issue, on the principle that equity will not suffer any wrong to be without a remedy.

Interim Relief — Preservation of Status Quo Pending Judicial Review

Where a judicial review application challenges a decision ordering re-conduct of elections, it is fair, just and expedient to grant an interim order halting the election process to preserve the status quo pending determination of the substantive application, particularly where the application raises complaints of breach of natural justice.

Legislation cited (2)

Full judgment

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John Teira, Ruto Grace Cherotich v Makerere University Council (Misc.Application No.139 of 2010) [2010] UGHC 42 (9 April 2010)

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.