Kamurali v National Resistance Movement & Anor (Miscellaneous Application No. 335 of 2012)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application for certificate of urgency dismissed. The court held that the main cause, which challenged internal NRM party nomination procedures for candidates to the East African Legislative Assembly, did not present sufficient urgency to warrant hearing during court vacation, as it did not directly challenge the National Assembly elections and could await hearing after vacation.

Outcome

Application dismissed; main cause to await hearing after court vacation

Facts

The applicant sought a certificate of urgency to have MC 95 of 2012 heard during court vacation. MC 95 of 2012 sought to annul elections conducted under NRM primaries leading to the Parliament of Uganda's election of six NRM candidates as members of the East African Legislative Assembly. The applicant argued the matter was urgent because the impugned members continued to receive public funds from the East African Community while their election was being challenged as contrary to Article 50 of the East African Treaty. The application was brought under Rule 4 of the Judicature (Court Vacation) Rules and Order 52 rule 1 of the Civil Procedure Rules.

Issues

1. Whether a certificate of urgency should be issued to permit hearing of MC 95 of 2012 during court vacation.

Orders

• Application for certificate of urgency not granted.
• No costs order made.

Rules and key headnotes

Legislation cited (4)

• Judicature (Court Vacation) Rules Rule 4
• Civil Procedure Rules Order 52 rule 1
• East African Treaty Article 50
• National Assembly rules Rule 13(2)

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