Wakilii

Sage v Attorney General and Another (Miscellaneous Application 596 of 2022)

High Court · [2024] UGHCCD 27 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from judicial review proceedings challenging cancellation of dependent visa
Decision
Temporary injunction granted restraining deportation pending determination of main judicial review cause

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant satisfied all conditions for grant of a temporary injunction. He demonstrated a prima facie case with probability of success in the main judicial review cause challenging cancellation of his dependent visa. The court found he would suffer irreparable injury if deported, including loss of ability to pursue divorce proceedings and loss of investments in Uganda accumulated over 20 years. The balance of convenience favoured preservation of the status quo pending determination of the judicial review. Temporary injunction granted restraining deportation.

Outcome

Temporary injunction granted restraining deportation pending determination of main judicial review cause

Facts

The applicant, an 80-year-old British citizen, had been married to a Ugandan citizen for over 20 years and lived in Uganda on a dependent visa. He sold his home in England and invested in properties in Uganda including a matrimonial home. His wife applied for cancellation of his dependent visa without his knowledge, which the 2nd respondent granted. The applicant filed for judicial review challenging the cancellation on grounds of denial of fair hearing. He also filed divorce proceedings in the Family Division. The applicant sought a temporary injunction to prevent deportation while his judicial review and divorce proceedings were pending. The respondents opposed, arguing he had been issued a special pass for three months and advised to apply for another facility, which he had not done.

Issues

  1. Whether the application discloses sufficient grounds for grant of an order of a temporary injunction

Orders

  • Application allowed.
  • An order of a temporary injunction doth issue restraining the Respondents, their servants, agents, representatives or any other person deriving authority from them, from implementing the committee findings of Applicant or any other related decisions and actions, until the determination of the main cause vide Miscellaneous Cause No. 151 of 2022.
  • The costs of the application shall abide the outcome of the main cause.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Test for Grant — Prima Facie Case with Probability of Success
To establish a prima facie case with probability of success for purposes of grant of a temporary injunction, the court must be satisfied that the claim is not frivolous or vexatious and that there are serious questions to be tried. The applicant is required to show prima facie merit in the case, not that he or she will succeed.
Civil Procedure — Temporary Injunctions — Irreparable Injury — Meaning
For purposes of grant of a temporary injunction, irreparable injury means injury or damage that is substantial or material and which cannot be adequately atoned for in damages.
Immigration — Deportation — Right to Fair Hearing — Temporary Injunction to Preserve Access to Court
Where an applicant faces deportation that would deprive him of the opportunity to pursue pending court proceedings including judicial review of the deportation decision itself and divorce proceedings involving matrimonial property, the court will grant a temporary injunction to preserve the status quo pending determination of the judicial review, as deportation would constitute irreparable injury by violating the right to a fair hearing.
Civil Procedure — Temporary Injunctions — Balance of Convenience — Test
In determining balance of convenience for grant of a temporary injunction, the applicant must show that refusal to grant the order would be to his greater detriment than it would be to the respondent. The balance of convenience lies more on the part of one who will suffer more if the respondent is not restrained.

Legislation cited (3)

Cases cited (4)

  • Kiyimba Kaggwa v Hajji Nasser Katende (High Court Bulletin 1985)
  • Giella v Cassman Brown & Co Ltd (1973) 1 EA 358
  • Robert Kavuma v Hotel International (Supreme Court Civil Appeal No. 8 of 1990)
  • Tonny Wasswa v Joseph Kakooza (High Court Bulletin 1987)

Full judgment

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

Sage v Attorney General and Another (Miscellaneous Application 596 of 2022) [2024] UGHCCD 27 (13 February 2024)
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.