Wakilii

Joseph Pinytek Ochieno v Uganda People's Congress and Jimmy Akena (Miscellaneous Cause No. 573 of 2025; Miscellaneous Cause No. 89 of 2021)

High Court · [2025] UGHCCD 101 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte oral application for interim injunction arising from pending Miscellaneous Cause No. 89 of 2021
Decision
Interim ex parte injunction granted for three days pending hearing of the main application on 29 July 2025

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an ex parte interim injunction restraining the respondents from convening a delegates' conference scheduled for 26 July 2025. The court held that the applicant satisfied all four requirements for an ex parte interim order: a pending substantive application with an ascertained hearing date, urgency, a real threat that could not be eliminated by expeditious hearing, and good faith. The interim order was granted for three days pending the hearing of the main application.

Outcome

Interim ex parte injunction granted for three days pending hearing of the main application on 29 July 2025

Facts

The applicant sought an ex parte interim order restraining the respondents from holding a delegates' conference scheduled for 26 July 2025. The applicant contended that the 2nd respondent was unlawfully holding himself out as party president of the 1st respondent and that a substantive application (Miscellaneous Cause No. 89 of 2021) challenging his legitimacy was pending before the court. Despite advice from the Inspector General of Police to reschedule the conference due to security concerns, the 2nd respondent informed the Electoral Commission that the conference would proceed virtually. The applicant argued that allowing the conference to proceed would circumvent pending court decisions and defeat the object of the main application.

Issues

  1. Whether the applicant satisfied the requirements for the grant of an ex parte interim injunction under Order 50 Rule 3A of the Civil Procedure Rules.
  2. Whether there existed exceptional circumstances justifying the grant of an ex parte interim order without notice to the respondents.
  3. Whether the delegates' conference scheduled for 26 July 2025 posed a real threat or danger requiring immediate court intervention.

Orders

  • An interim ex parte order is hereby issued for three days restraining the 1st and 2nd Respondents, their agents, servants, or anyone acting under their authority from convening either by physical or virtual means the extra-ordinary delegates' conference scheduled for 26/07/2025 until the hearing of MA-0573-2025 scheduled for 29/07/2025.
  • Application granted.

Rules and key headnotes

Civil Procedure — Interim Injunctions — Ex Parte Applications — Requirements under Order 50 Rule 3A CPR
Under Order 50 Rule 3A of the Civil Procedure Rules (as amended), a court may grant an ex parte interim order only in exceptional circumstances, which include where the matter is urgent in nature, where there is a real threat or danger, or where the application is made in good faith. The applicant must prove: (1) there is a pending ascertained hearing of the substantive application; (2) the matter is urgent; (3) there is a real threat or danger that cannot be eliminated by expeditious hearing; and (4) the application has been made in good faith.
Civil Procedure — Interim Relief — Requirement for Ascertained Hearing of Substantive Application
An interim order ought to be made only in compelling circumstances to prevent defeat of justice and strictly pending ascertained hearing of a substantive application. A court hearing an application for interim relief must be satisfied that there is a pending substantive application with a scheduled hearing date. The requirement for an ascertained hearing exists because of the nature of an ex parte interim order being susceptible to abuse and the fact that the other party has not been heard.
Civil Procedure — Ex Parte Applications — Urgency Requirement
Ex parte applications for injunctions should sparingly be entertained and when so entertained there must be credible and weighty evidence to support the exceptionally urgent need for their invocation. The urgency must be real, immediate and apparent and not the product of the applicant's own lack of diligence. The applicant has to prove reasons why notice to the respondent should be dispensed with to enable the court to entertain the application with extreme urgency.
Civil Procedure — Interim Injunctions — Real Threat or Danger
A real threat or danger is constituted by actual and imminent threat or a physical danger that is real, would occur within an immediate time frame, and could result in irreparable loss before the imminence of such danger can be eliminated by an expeditious hearing of the main application. In determining whether the circumstances pose an actual and imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur.

Legislation cited (3)

Cases cited (8)

  • Wilson Mukiibi v James Semusambwa (SC Civil Application No. 009 of 2003)
  • Ansah v Ansah [1977] 2 All ER 638
  • Byanyima & 2 Ors v Democratic Party & 2 Ors (Miscellaneous Application No. 0410 of 2025)
  • Alcon International Ltd v The New Vision Printing and Publishing Co. Ltd and Anor (SCCA No. 4 of 2010)
  • Hwang Sung Industries v Taidin Hussein (SCCA No. 19 of 2008)
  • Eastern Cargolines Consults Limited and Another v Rif International (pty) Limited and 3 Others (Miscellaneous Application 611 of 2012)
  • Uganda People's Congress & Anor v Prof Kakonge (CACA No. 20 of 2016)
  • Denis Adim Onapa v UPC & Hon Jimmy Akena (Misc. Cause No. 148 of 2025)

Full judgment

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

Joseph Pinytek Ochieno v Uganda People's Congress and Jimmy Akena (Miscellaneous Cause No. 573 of 2025; Miscellaneous Cause No. 89 of 2021) [2025] UGHCCD 101 (25 July 2025)
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.