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Attorney General v Forum for Democratic Change & (Constitutional Application No. 18 of 2016) [2016] UGCC 3 (29 April 2016)
- Citation
- [2016] UGCC 3
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Constitutional Court of Uganda
- Posture
- Constitutional Application / Interim Order
- Case number
- Constitutional Application No. 18 of 2016
- Language
- English
More details
- Court
- Constitutional Court of Uganda
- Posture
- Constitutional Application / Interim Order
- Case number
- Constitutional Application No. 18 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant had demonstrated sufficient grounds for the issuance of interim orders to restrain the respondents from engaging in the defiance campaign and related activities, as such actions could undermine public order and the administration of justice. The court exercised its discretion to preserve the status quo and prevent possible irreparable harm pending the hearing and determination of the main constitutional application. The court also found it necessary to stay proceedings in related matters before the High Court and Magistrates Court to avoid conflicting decisions and ensure orderly administration of justice.
Court disposition
interim orders granted
Orders
- An interim order is issued restraining the respondents, their agents, officials, supporters, or any person acting under their authority from engaging in demonstrations, processions, public meetings, media campaigns, or pronouncements in furtherance of the defiance campaign pending determination of Constitutional Application No. 017 of 2016.
- An interim order is issued staying the respondents and their associates from conducting any defiance campaign pending the hearing and determination of the main application for temporary injunction in Constitutional Application No. 017 of 2016.
- An interim order is issued restraining all proceedings in Miscellaneous Cause No. 32/2016 in the High Court at Kampala and in Criminal Application No. 1 of 2016 in the Chief Magistrates Court at Nabweru pending the hearing and determination of the main application for temporary injunction under Constitutional Application No. 017 of 2016.
- The interim orders shall remain in force for four weeks from the date hereof unless otherwise ordered by the court.
- The Registrar is directed to ensure all necessary pre-trial steps are taken to fix the main application for hearing interparties within the stipulated time or until further orders of the court.
- Costs of this application shall follow the hearing and determination of the main application for temporary injunction in Constitutional Application No. 017 of 2016.
02
Material facts
Parties
Attorney General
Applicant Counsel: Mwesigwa Rukutana, Denis Biregye, Richard AdroleForum for Democratic Change (FDC)
RespondentCol. (Rtd) Dr. Kizza Besigye
Respondent03
Procedural history
Posture
Constitutional Application / Interim Order
04
Questions and positions
Legal issues
- 01
Whether an interim order should be issued restraining the respondents from engaging in demonstrations, processions, public meetings, or media campaigns in furtherance of the 'defiance campaign' pending determination of the main application.
- 02
Whether proceedings in related High Court and Magistrates Court matters should be stayed pending the outcome of the main constitutional application.
Party arguments
- Applicant
- The applicant argued that the respondents' planned demonstrations and defiance campaign pose a threat to public order and the rule of law, and that interim orders are necessary to prevent irreparable harm and maintain the status quo pending the determination of the main application.
- Respondent
- The respondents' arguments are not recorded in this interim order as the application was heard in the presence of counsel for the applicant only.
05
Court’s reasoning
Legal principles
- 01
Constitution of the Republic of Uganda, 1995; Rules of the Constitutional Court
The court has the power to grant interim orders to preserve the status quo and prevent irreparable harm pending the determination of the main suit.
- 02
General principles of injunctions in Ugandan law
The grant of an interim injunction is discretionary and depends on whether there is a prima facie case and the balance of convenience favors the applicant.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant had demonstrated sufficient grounds for the issuance of interim orders to restrain the respondents from engaging in the defiance campaign and related activities, as such actions could undermine public order and the administration of justice. The court exercised its discretion to preserve the status quo and prevent possible irreparable harm pending the hearing and determination of the main constitutional application. The court also found it necessary to stay proceedings in related matters before the High Court and Magistrates Court to avoid conflicting decisions and ensure orderly administration of justice.
Court disposition
interim orders granted
- An interim order is issued restraining the respondents, their agents, officials, supporters, or any person acting under their authority from engaging in demonstrations, processions, public meetings, media campaigns, or pronouncements in furtherance of the defiance campaign pending determination of Constitutional Application No. 017 of 2016.
- An interim order is issued staying the respondents and their associates from conducting any defiance campaign pending the hearing and determination of the main application for temporary injunction in Constitutional Application No. 017 of 2016.
- An interim order is issued restraining all proceedings in Miscellaneous Cause No. 32/2016 in the High Court at Kampala and in Criminal Application No. 1 of 2016 in the Chief Magistrates Court at Nabweru pending the hearing and determination of the main application for temporary injunction under Constitutional Application No. 017 of 2016.
- The interim orders shall remain in force for four weeks from the date hereof unless otherwise ordered by the court.
- The Registrar is directed to ensure all necessary pre-trial steps are taken to fix the main application for hearing interparties within the stipulated time or until further orders of the court.
- Costs of this application shall follow the hearing and determination of the main application for temporary injunction in Constitutional Application No. 017 of 2016.
Source and reliance status
Constitutional Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Constitutional Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA CONSTITUTIONAL APPLICATION NO. 18 OF 2016 (ARISING FROM CONSTITUTIONAL APPLICATION NO. 017 OF 2016) AND CONSTITUTIONAL PETITION NO. 13 OF 2016)
ATTORNEY GENERAL ::::::::::::::::::::::::::::::::::::
VERSUS
1. FORUM FOR DEMOCRATIC CHANGE(FDC):::::RESPONDENTS
2. COL.(RTD) DR. KIZZA BESIGYE
INTERIM ORDER
This application coming up for hearing before HIS LORDSHIP S. B. K KAVUMA DEPUTY CHIEF JUSTICE, on the 29<sup>TH</sup> APRIL 2016, in the presence of Mwesigwa Rukutana Deputy Attorney General appearing with Mr. Denis Biregye Ag. Director Civil Litigation and Richard Adrole Senior State Attorney for the Applicant and upon considering the submissions of Counsel for the Applicant, IT IS HEREBY ORDERD THAT:-
1. An interim order is hereby issued against the $1^{st}$ and the $2^{nd}$ respondents their agents, officials, supporters or any other person acting under their authority from engaging in demonstrations, processions, other public meetings media campaigns or pronouncements including, but not limited to, the respondents' planned and led demonstrations or processions scheduled for the 5<sup>th</sup> May or any other day from
the date hereof in furtherance of the respondents "defiance campaign" pending the hearing and determination of the main Constitutional Application number 017 of 2016 now pending in this Court.
- 2. An interim order is hereby issued staying the $1^{st}$ and the $2^{nd}$ respondents, their agents, officials, supporters and or any other person acting under their authority from conducting any defiance campaign pending the hearing and determination of the main Application for temporary injunction in Constitution Application No. $017/16$ . - 3. An interim Order is hereby issued restraining all proceedings in Miscellaneous Cause No. 32/2016 Col (Rtd) Dr. Kizza Besigye vs The Attorney General in the High Court at Kampala and in Criminal Application No.1 of 2016 Col (Rtd) Dr. Kizza Besigye vs Inspector General of Police and Another in the Chief Magistrates Court at Nabweru pending the hearing and determination of the main Application for a temporary injunction under Constitutional Application No. 017 of 2016 now pending before this court. - 4. The interim orders issued herein shall remain in force for a period of four (4) weeks from the date hereof unless otherwise ordered by this Court. - 5. The Registrar of this Court is directed to ensure that all the necessary pre-trial steps are taken to have the main Application, Constitutional Application No. 017 of 2016 now pending in this Court fixed for hearing interparties within the time hereinabove stipulated or until such other or further orders of this Court in that in that behalf.
6. The costs of this Application shall follow the hearing and determination of the main Application for a temporary injunction in Constitutional Application No. 017 of 2016 now pending in this Court.
Dated at Kampala this ... $\frac{1}{016}$ $\Diamond$ dav
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