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Nabijewa Martha and Another v Uganda Law Society and Others (Miscellaneous Application 830 of 2025)

High Court · [2025] UGHCCD 177 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from Miscellaneous Cause No. 267 of 2025
Decision
Temporary injunction granted restraining Uganda Law Society from holding annual general meeting and implementing resolutions of 17 September 2025 meeting pending determination of main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a temporary injunction restraining the Uganda Law Society from holding its annual general meeting scheduled for 18 October 2025 and from implementing resolutions of the 17 September 2025 general meeting. The court held that serious questions arise as to whether the Uganda Law Society Council was lawfully constituted when convening these meetings, given the absence of statutory members (Attorney General and Solicitor General) and other Council members. The applicants would suffer irreparable injury if elections to the Judicial Service Commission proceeded under an unlawfully constituted Council.

Outcome

Temporary injunction granted restraining Uganda Law Society from holding annual general meeting and implementing resolutions of 17 September 2025 meeting pending determination of main suit

Facts

On 15 October 2024, the President of the Uganda Law Society issued an executive order expelling the Attorney General and Solicitor General from the Uganda Law Society Council. This expulsion was nullified by the High Court in February 2025, which held that decisions must be taken by a properly constituted Council including all statutory members. On 17 September 2025, the Uganda Law Society held a general meeting convened by a Council that excluded the Attorney General, Solicitor General, and two other Council members (Munaabi Phillip and Turyamusiima Geofrey). That meeting resolved to censure and remove Munaabi Phillip and Turyamusiima Geofrey from the Council. On 24 September 2025, the same Council issued notice of an annual general meeting scheduled for 18 October 2025 to elect nominees to the Judicial Service Commission. The applicants, members of the Uganda Law Society, challenged the legality of these meetings on grounds that the Council was not properly constituted as required by statute and previous court rulings.

Issues

  1. Whether the application satisfies the conditions for the grant of a temporary injunction.
  2. Whether the main suit discloses a serious question to be tried.
  3. Whether the applicants will suffer irreparable injury if the temporary injunction is not granted.
  4. Whether the Uganda Law Society Council was lawfully constituted when it convened the general meeting of 17 September 2025.
  5. Whether the annual general meeting scheduled for 18 October 2025 was lawfully called by an unlawfully constituted Council.
  6. Whether the applicants are entitled to a temporary injunction despite not specifically praying for one against the 18 October 2025 meeting.

Orders

  • A temporary injunction is issued restraining the Uganda Law Society, its members and officials from convening and holding an Annual General Meeting at Imperial Resort Beach Hotel, Entebbe or at any other venue on 18 October 2025 or on any other date until the final determination of Miscellaneous Cause No. 267 of 2025 or until further orders of the court.
  • A temporary injunction is issued restraining the Uganda Law Society, its members and officials from implementing any of the resolutions of the General Meeting of members held on 17 September 2025 at Imperial Royale Hotel, Kampala until the final determination of Miscellaneous Cause No. 267 of 2025.
  • The costs of this application shall abide by the outcome of Miscellaneous Cause No. 267 of 2025.

Rules and key headnotes

Administrative Law — Statutory Bodies — Composition of Governing Council — Effect of Unlawful Constitution
Where a statute mandates that specific office holders shall be members of a statutory body's governing council, decisions taken by that council in the absence of those statutory members are not lawfully made and may be declared null and void.
Civil Procedure — Temporary Injunctions — Conditions for Grant — Serious Question to be Tried
A temporary injunction may be granted where the applicant demonstrates a serious question to be tried in the main suit, including questions as to whether a statutory body acted within its legal powers and in accordance with mandatory statutory requirements for its composition.
Civil Procedure — Temporary Injunctions — Irreparable Injury — Constitutional Functions
Irreparable injury may be established where the impugned action involves the election of nominees to a constitutional body with important functions, and the election process is tainted with illegality that cannot be adequately compensated in damages.
Administrative Law — Requisitioned Meetings — Role of Governing Council
Where a statute provides that members may requisition a general meeting and that the council shall convene the meeting, the council retains a role in the convening process. Only if the council fails to act within the statutory timeframe may the requisitioning members convene the meeting themselves.
Constitutional Law — Fair Hearing — Removal from Office — Natural Justice
Where members of a statutory council are censured and removed from office without being afforded an opportunity to be heard and defend themselves, their constitutional right to a fair hearing under Article 28 of the Constitution may be violated, raising a serious question requiring investigation.
Civil Procedure — Prayers for Relief — Unpleaded Matters — Fair Hearing
A court may grant relief not specifically prayed for where both parties have led evidence and addressed the court on the issue, and the constitutional right to a fair hearing of both parties has been observed, in order to arrive at a correct decision and finally determine the controversy between the parties.

Legislation cited (15)

Cases cited (9)

  • Mugisha Hashim v Uganda Law Society and Others (Miscellaneous Cause No. 263 of 2024)
  • Kalali Steven v Uganda Law Society (Miscellaneous Cause No. 129 of 2023)
  • Shiv Construction Co Ltd v Endesha Enterprises Limited (Civil Appeal No. 34 of 1992)
  • Kiyimba Kaggwa v. Katende Abdu Nasser [1985] HCB 43
  • American Cyanamid Co v. Ethicon Ltd [1975] 1 All ER 505
  • Uganda Law Society and Another v Mugisha Hashim and 2 Others (Civil Appeal No. 98 of 2025)
  • Mugisha Hashim Mugisha v Isaac Kimezze Ssemakadde (Miscellaneous Application No. 59 of 2025)
  • Fang Min v Belex Tours & Travel Limited (Civil Appeal No. 1 of 2014)
  • Sinba (K) Ltd and Others v Uganda Broadcasting Corporation (Civil Appeal No. 3 of 2014)

Full judgment

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

Nabijewa Martha and Another v Uganda Law Society and Others (Miscellaneous Application 830 of 2025) [2025] UGHCCD 177 (16 October 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.