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Kanyesigye & Another v Uganda National Students Association & 2 Others (Miscellaneous Application 1173 of 2023)

High Court · [2023] UGHCCD 390 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for temporary injunction arising from judicial review proceedings
Decision
Application for temporary injunction dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicants failed to establish a prima facie case as the main judicial review concerning their removal from office did not relate to the forthcoming elections. The court found no irreparable injury since any damage from their removal could be compensated in damages, and they were not contesting in the elections. The balance of convenience favoured the respondents and the wider student body. Application for temporary injunction dismissed.

Outcome

Application for temporary injunction dismissed

Facts

The applicants were elected speaker and deputy speaker of the Uganda National Students Association on 29 January 2023 for a term expiring in December 2023. On 13 November 2023, they were suspended and interim office bearers were appointed. The applicants filed judicial review proceedings challenging their removal and sought a temporary injunction restraining the respondents from conducting general elections scheduled for 27–30 December 2023. The respondents contended that the applicants' term was expiring, nominations had been concluded, and the elections were constitutionally mandated to elect a new executive committee. The respondents argued the applicants were not contestants in the upcoming elections and had available remedies in damages.

Issues

  1. Whether the applicants established a prima facie case with a probability of success in the main judicial review proceedings.
  2. Whether the applicants would suffer irreparable injury which cannot be atoned for by damages if the temporary injunction is not granted.
  3. Whether the balance of convenience favours granting the temporary injunction restraining the respondents from conducting elections.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Prima Facie Case — Requirement to Show Serious Question to be Tried
For a temporary injunction to be granted, the applicant must show a prima facie case with a probability of success, meaning the court must be satisfied that the claim is not frivolous or vexatious and that there is a serious question to be tried.
Civil Procedure — Temporary Injunctions — Relationship Between Relief Sought and Main Cause
Where the main cause does not raise triable issues which relate to the orders sought in an interlocutory application for temporary injunction, a prima facie case is not established.
Civil Procedure — Temporary Injunctions — Irreparable Injury — Adequacy of Damages
Irreparable injury means injury that is substantial or material which cannot be adequately compensated for in damages; where injury can be atoned in damages, it is not irreparable and does not justify grant of a temporary injunction.
Civil Procedure — Temporary Injunctions — Balance of Convenience — Public Interest Considerations
In assessing balance of convenience, the court must weigh the interests of the parties against the public interest; the interests of two individuals cannot supersede the interests of an entire body whose operations would be paralysed by the grant of an injunction.

Legislation cited (8)

Cases cited (21)

  • American Cyanamid Co v Ethicon Ltd [1975] AC 396
  • Robert Kavuma v Hotel International (Supreme Court Civil Appeal No. 8 of 1990)
  • Geraldine Ssali Busuulwa v NSSF & Another (Miscellaneous Application No. 96 of 2016)
  • Tonny Wasswa v Joseph Kakooza [1987] HCB 79
  • Victoria Construction Works Ltd v Uganda National Roads Authority (High Court Miscellaneous Application No. 601 of 2010)
  • J K Sentongo v Shell (U) Ltd [1995] III KLR 1
  • Alcohol Association of Uganda & Another v Attorney General & Another (Miscellaneous Application No. 744 of 2019)
  • Water & Environmental Media Network (U) Ltd v NEMA (High Court Miscellaneous Application No. 509 of 2020)
  • Samuel N Kamau v Amir Hamza & Others (High Court Miscellaneous Application No. 29 of 2021)
  • Legal Brains Trust (LBT) Ltd v Attorney General (Court of Appeal Civil Application No. 56 of 2023)
  • Osman Kassim Ramathan v Century Bottling Company (Supreme Court Civil Application No. 34 of 2019)
  • Jude Ssempebwa & Another v Makerere University & Another (High Court Miscellaneous Application No. 021 of 2021)
  • Zam Nambi v Bujingo & 2 Others (High Court Miscellaneous Application No. 1013 of 2015)
  • Muhumuza Ben v Attorney General & Others (High Court Miscellaneous Application No. 449 of 2020)
  • Uganda Super League Limited v Federation of Uganda Football Associations (FUFA) Limited (Court of Appeal Civil Application No. 67 of 2015)
  • E L Kiyimba Kaggwa v Haji Abdul Nasser Katende [1985] HCB 43
  • American Cyanamid v Ethicon [1975] All ER 504
  • Victor Construction Works Ltd v Uganda National Roads Authority (High Court Miscellaneous Application No. 601 of 2010)
  • Moses Kasozi v Muhammed Batte & 4 Others (Civil Appeal No. 24 of 2022)
  • Uganda Electricity Distribution Company Limited Vs Citi Bank Uganda Limited and 2 ors
  • Gapco (U) Ltd v Kawesa Badru (High Court Miscellaneous Application No. 259 of 2013)

Full judgment

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

Kanyesigye & Another v Uganda National Students Association & 2 Others (Miscellaneous Application 1173 of 2023) [2023] UGHCCD 390 (23 December 2023)
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.