Wakilii

Tumukunde v Attorney General Another (MISCELLANEOUS APPLICATION NO 489 OF 2020)

High Court · [2020] UGHCCD 191 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from miscellaneous cause seeking to restrain police from arresting and detaining applicant
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 a temporary injunction will not be granted to restrain the Uganda Police Force from exercising its constitutional mandate to investigate crime. The applicant failed to establish a prima facie case, suppressed material facts, and the public interest in allowing police to perform their constitutional functions under Article 212 outweighed the applicant's private interest. Courts should be reluctant to grant injunctions that would suspend the operation of legislation or the functions of public bodies. Application dismissed with costs.

Outcome

Application for temporary injunction dismissed

Facts

The applicant, a retired UPDF soldier and presidential aspirant for the 2021 general elections, was arrested and detained by Uganda Police for about 8 hours on 17 August 2020 while in Kayunga District. He subsequently received criminal summons from the 2nd respondent (AIGP Grace Akullo) to attend an interview at the Criminal Investigations Division offices at Kibuli. The summons alleged that he had held meetings with army veterans discussing issues related to politics. The applicant's lawyers attended meetings on his behalf but the applicant did not personally appear. The 2nd respondent stated that she had received intelligence reports that the applicant was engaging army veterans at his office and residence in Kololo and discussing ways to disrupt the ongoing electoral process. The applicant sought a temporary injunction restraining the respondents from arresting, detaining, or violating his constitutional rights pending determination of the main miscellaneous cause.

Issues

  1. Whether a temporary injunction should issue restraining the respondents from arresting, detaining, or otherwise violating the applicant's constitutional rights pending determination of the main cause.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Grant Against Public Authorities — Public Interest Considerations
Courts must treat applications for temporary injunctions against public authorities executing public functions with caution and circumspection. Public interest is a paramount consideration in either granting or refusing to grant a temporary injunction. Where there is a conflict between the interest of the public at large and the interest of a few individuals, the interest of the public at large must prevail.
Administrative Law — Police Powers — Constitutional Mandate — Restraint by Courts
Courts should be reluctant to restrain a public body like the Uganda Police Force from doing what the law allows it to do. An injunction will not be granted where it would have the effect of suspending the operation of legislation or preventing a public body from exercising its constitutional functions, such as the police power to investigate and detect crime under Article 212 of the Constitution.
Civil Procedure — Temporary Injunctions — Prima Facie Case — Burden of Proof
The burden is on the applicant to satisfy the court by leading evidence that he has a prima facie case in his favour. A prima facie case should not be confused with a case proved to the hilt. The applicant must set out a prima facie case in support of the right claimed and demonstrate that there is a bonafide dispute, an arguable case for trial, and a probability of being entitled to the relief claimed.
Civil Procedure — Temporary Injunctions — Suppression of Material Facts — Effect on Application
Where an applicant suppresses material facts and fails to provide sufficient evidence to support the case for a temporary injunction, the court will find that no prima facie case has been made out and will decline to exercise its discretion to grant the injunction. Judicial proceedings cannot be used to protect or perpetuate a wrong committed or threatened by a person who approaches the court.

Legislation cited (5)

Cases cited (3)

  • Bakaleke Siraj v Attorney General (Miscellaneous Application No. 551 of 2018)
  • Alcohol Association of Uganda & 39 Others v Attorney General and URA (Miscellaneous Application No. 744 of 2019)
  • R v Secretary of State for Transport ex parte Factortame Ltd [1990] 2 AC 85

Full judgment

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

Tumukunde v Attorney General Another (MISCELLANEOUS APPLICATION NO 489 OF 2020) 2020 UGHCCD 191 (14 September 2020)
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.