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Kyomuhendo and Another v Attorney General of the Republic of Uganda (Application No.16 of 2020)

East African Court of Justice · [2021] EACJ 10 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim injunction arising from Reference No. 16 of 2020
Decision
Application dismissed for procedural defects

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court struck out the second Applicant for lack of evidence that the first Applicant had authority to represent it, as required by Rule 19(5) of the EACJ Rules. The supporting affidavit, sworn jointly by the first Applicant on behalf of both applicants, was held to be incurably defective and was struck out. Without a valid affidavit, the Application could not survive under Rule 52(5) and was dismissed with costs to the Respondent.

Outcome

Application dismissed for procedural defects

Facts

The Applicants sought an interim injunction to restrain the Republic of Uganda from conducting geological activities at Kibiro Hot Springs village, including surveying and exploration for geothermal energy. The Applicants alleged that preliminary geological activities begun in late 2019 caused a dangerous blow-out on 28 March 2020, resulting in hydrocarbon discharge that destroyed community property and threatened environmental and human rights. The first Applicant, Adam Kyomuhendo, represented himself and purported to represent the second Applicant, a non-profit organisation. The Respondent contested the allegations and argued that the Applicants had not met the criteria for granting an interlocutory injunction. The Court raised suo motu the question of the first Applicant's authority to represent the second Applicant.

Issues

  1. Whether the first Applicant had locus standi to represent the second Applicant in the proceedings.
  2. Whether the Application for interim injunction should be granted.

Orders

  • The second Applicant is struck off as a party to the Application.
  • The Affidavit sworn by the first Applicant is struck out.
  • The Application is dismissed in its entirety.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Locus Standi — Corporate Representation — Authority to Represent
A director, manager or company secretary of a corporation may represent the corporation before the East African Court of Justice only where appointed by a resolution under the seal of the corporation as required by Rule 19(5) of the EACJ Rules of 2019.
Civil Procedure — Affidavits — Joint Affidavits — Effect of Striking Out One Party
Where an affidavit is sworn jointly by one party on behalf of himself and another party, and that other party is subsequently struck off for lack of authority, the affidavit is incurably defective and must be struck out in its entirety; it cannot be severed or salvaged.
Civil Procedure — Applications — Supporting Affidavits — Mandatory Requirement
Every formal application to the Court must be supported by one or more affidavits as required by Rule 52(5) of the EACJ Rules. In the absence of a valid supporting affidavit, the application cannot survive and must be struck out.

Cases cited (5)

  • Timothy Alvin Kahoho v Secretary General of the East African Community (Application No. 5 of 2012)
  • Dr. Ally Possi and Center for Human Rights, University of Pretoria (Application No. 1 of 2015)
  • Angela Amudo v Secretary General of the East African Community (Taxation Reference No. 3 of 2016)
  • Kalenga and Others vs. Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 219 of 2019)
  • William Baron vs. Theresa Baron and Thomas William Baron and The Registrar of Deeds, HC 1665/20

Full judgment

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

Kyomuhendo and Another v Attorney General of the Republic of Uganda (Application No.16 of 2020) [2021] EACJ 10 (25 November 2021)
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.