Wakilii

Lukwago v Attorney General & Anor (HCT-00-CV-MC- No. 237 OF 2013)

High Court · [2013] UGHCCD 90 · 2013 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim orders arising out of Miscellaneous Cause No. 281 of 2013 seeking judicial review
Decision
Application for interim orders dismissed; main application (Miscellaneous Cause No. 281 of 2013) fixed for hearing on 27 June 2013

Observed later treatment

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Holding

The High Court dismissed the application for interim orders. The court held that in the absence of express procedural rules for interim orders in judicial review proceedings, the court's inherent powers would only be invoked in clear, critical and deserving situations where failure to grant the order would defeat the purpose of the main application. The applicant failed to demonstrate that he would suffer irreparable injury or that the main application would be rendered nugatory if the interim order was not granted, as the Tribunal's proceedings could be halted at any stage and its decision could be quashed by certiorari if the main application succeeded.

Outcome

Application for interim orders dismissed; main application (Miscellaneous Cause No. 281 of 2013) fixed for hearing on 27 June 2013

Facts

Lukwago Erias, the Lord Mayor of Kampala Capital City Authority, applied for interim orders to restrain a Tribunal from continuing to investigate a petition for his removal as Lord Mayor. The applicant contended that the Tribunal was not properly constituted and was operating without regulations as required by law, in violation of natural justice. He had filed a main application for judicial review (Miscellaneous Cause No. 281 of 2013) seeking orders of certiorari, prohibition, and injunction. The respondents opposed the application, arguing it was premature, an abuse of process, and that the applicant had not demonstrated grounds warranting interim relief. The application came up for hearing on 19 June 2013, with the court directing written submissions from both parties.

Issues

  1. Whether the applicant is entitled to an interim order restraining the Tribunal from continuing to investigate the petition for his removal as Lord Mayor.
  2. Whether the court should invoke its inherent powers under section 14(2)(c) of the Judicature Act to grant interim orders in the absence of express procedural rules.
  3. Whether the application for interim orders would effectively dispose of the main judicial review application.

Orders

  • Application dismissed for lack of merit.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Interim Orders — Abolition of Interim Orders in Civil Procedure Rules
The Civil Procedure Rules no longer provide for the application and grant of interim orders. Order 41 rule 3 of the Civil Procedure Rules requires the court in all cases to direct notice of an application for injunction to the opposite party, thereby effectively abolishing ex parte interim orders.
Judicial Review — Interim Orders — Absence of Provision in Judicial Review Rules
The Judicature (Judicial Review) Rules 2009 do not contain any provision for interim orders in applications for judicial review. The provisions that previously allowed for automatic interim orders at the time of granting leave or at any stage of proceedings have been deliberately removed.
Civil Procedure — Inherent Powers — Basis for Granting Interim Orders in Absence of Express Rules
Where no express law or rule is applicable to the grant of interim orders, the court may invoke its inherent powers under section 14(2)(c) of the Judicature Act, exercising jurisdiction in conformity with the principles of justice, equity and good conscience. However, the court will only invoke its inherent powers in clear, critical and deserving situations.
Civil Procedure — Interim Orders — Test for Granting Interim Orders in Exercise of Inherent Powers
In exercising its inherent powers to grant interim orders, the court must be satisfied that failure to grant the order would defeat the purpose of the main application, that the applicant will suffer irreparable injury which cannot be compensated by damages, or that the pending matter will be rendered nugatory in the sense that no useful remedy will be available if the interim order is not granted. The applicant must adduce evidence showing that the matter is so urgent that it deserves interim intervention to meet the ends of justice.
Judicial Review — Interim Orders — Relevance of Availability of Final Remedies
Where the remedies sought in a judicial review application, including orders of certiorari and prohibition, remain capable of being effective at any stage of the proceedings and can quash decisions made by the body under review, an interim order will not be granted merely to halt proceedings where no irreparable harm or nugatory outcome is demonstrated.

Legislation cited (11)

Cases cited (3)

  • Humphrey Nzeyi v Bank of Uganda (Constitutional Application No. 1 of 2013)
  • Hussein Badda v Iganga District Land Board & Others (Miscellaneous Application No. 479 of 2011)
  • Lukwago Erias v Attorney General (Miscellaneous Application No. 32 of 2013)

Full judgment

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

Lukwago v Attorney General & Anor (HCT-00-CV-MC- No. 237 OF 2013) [2013] UGHCCD 90 (21 June 2013)
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.