Wakilii

Kaganizo Mutesasira Evans and Twinomujuni Nathan Kakson v Uganda Liberal Teachers Union Members Savings and Credit Cooperative Society Ltd and Others (Miscellaneous Application No 481 of 2025) [2025]

High Court · [2025] UGHC 481 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from judicial review proceedings challenging suspension and removal from SACCO leadership
Decision
Application dismissed; parties to await hearing of main application for judicial review (Miscellaneous Cause No. 0151 of 2025)

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Holding

Application for temporary injunction dismissed. The court held that while applicants established a prima facie case for judicial review of their removal from SACCO leadership, they failed to demonstrate irreparable harm that could not be compensated by damages. The balance of convenience favoured maintaining the existing management structure appointed by special general meeting. The status quo to be preserved was the current position with the acting chairperson and secretary in office, not the applicants' previous positions, since those had been contested and resolved by SACCO members. Reputational harm and loss of earnings do not constitute irreparable injury where monetary compensation is available.

Outcome

Application dismissed; parties to await hearing of main application for judicial review (Miscellaneous Cause No. 0151 of 2025)

Facts

Applicants were members and leaders of a SACCO who were suspended from positions as Chairperson and Secretary following allegations of fraud and embezzlement of 3.6 billion shillings. A special general meeting was held on 8th February 2025 which resolved to suspend the applicants and appoint acting replacements. The applicants were subsequently arrested and arraigned in the Anti-Corruption Court. They filed judicial review proceedings (Miscellaneous Cause No. 0151 of 2025) challenging the legality of their suspension and removal, alleging breach of natural justice and violation of constitutional rights. The respondents altered bank account signatories to remove the applicants. The Minister of Trade Industry and Cooperatives issued a directive reinstating the applicants, but the respondents remained in office with approval of the Registrar of Cooperatives. Applicants sought a temporary injunction pending determination of the judicial review.

Issues

  1. Whether the application merits the grant of a temporary injunction?
  2. What are the remedies available to the parties?

Orders

  • Application dismissed.
  • Application does not merit the grant of a temporary injunction.
  • Costs to abide the outcome of the main application for judicial review.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Prima Facie Case
A prima facie case with probability of success requires that the court be satisfied that the claim is not frivolous or vexatious and that there is a serious question to be tried. The existence of a prima facie case alone is not sufficient ground for automatic grant of a temporary injunction and must be considered in concert with irreparable harm and balance of convenience.
Civil Procedure — Temporary Injunctions — Irreparable Harm
Irreparable injury does not require physical injury but must be substantial or material injury that cannot be adequately compensated by damages. Loss of earnings from suspension from office and reputational harm are not irreparable injuries where they can be compensated by monetary damages or quantified in defamation proceedings.
Civil Procedure — Temporary Injunctions — Status Quo
An order to maintain the status quo is intended to prevent parties from taking action until the matter is resolved by court. Status quo means the last, actual, peaceable, uncontested status which preceded the pending controversy. The court should not preserve a contested status quo which is under challenge for illegality, especially under judicial review.
Civil Procedure — Temporary Injunctions — Balance of Convenience
Where the court is in doubt on whether a prima facie case or irreparable harm has been established, it will decide the application on balance of convenience by weighing which party is likely to suffer greater harm from grant or denial of the injunction. In determining balance of convenience in disputes over management of cooperative societies, the court considers the interests of the organisation itself and the need to avoid conflicting management structures that could disrupt business operations.

Legislation cited (14)

Cases cited (8)

  • Kiyimba Kaggwa v Hajj Nasser Katende [1985] HCB 43
  • Muzale Simon v NEMA (Miscellaneous Application No. 103 of 2024)
  • Ssekitoleko vs Mutabazi and another
  • Mpungu Hanifa v Salim Saad Uhuru (Miscellaneous Application No. 199 of 2024)
  • Yahaya Kariisa v Attorney General & Another (Supreme Court Civil Appeal No. 7 of 1994) [1997] HCB 29
  • Victor Construction Works Ltd v Uganda National Roads Authority (Miscellaneous Application No. 601 of 2010)
  • Humphrey Nzeyi v Bank of Uganda and Attorney General (Constitutional Application No. 1 of 2013)
  • GAPCO Uganda Limited vs Kaweesa Badru & 2 ORS

Full judgment

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

Kaganizo Mutesasira Evans and Twinomujuni Nathan Kakson v Uganda Liberal Teachers Union Members Savings and Credit Cooperative Society Ltd and Others (Miscellaneous Application No 481 of 2025) [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.