Cranmer Sajjabi Imaka v David Kawune Wakhooli (Constitutional Petition Application No. 6 of 2008) [2008] UGCC 5 (29 October 2008)

THE REPUBLIC OF UGANDA

IN THE CONSTITUTIONAL PETITION APPLICATION NO. 06 OF 2008

CORAM: HON. LADY JUSTICE L.E.M. MUKASA-KIKONYOGO, DCJ.

HON. MR. JUSTICE S.G. ENGWAU, JA.

HON. MR. JUSTICE A. TWINOMUJUNI, JA.

HON. LADY JUSTICE C.K. BYAMUGISHA, JA.

HON. MR. JUSTICE S.B.K. KAVUMA, JA.

BETWEEN

1. CRANMER SAJJABI IMAKA

2. KAKAIRE ABUBAKARI………………..PETITIONERS/APPLICANS

AND

1. DAVID KAWUNE WAKHOOLI

2. WILSON MUWEREZA

3. THE ATTORNEY GENERAL…………..RESPONDENTS

30^th October, 2008

COURT RULING

Upon listening to the submissions and arguments advocated by the learned counsel for the parties and on perusal and consideration of the relevant provisions of the law and decided authorities, we are of the considered view that this is an application in which this Court can exercise its discretion to grant an order for the temporary injunction sought by the applicants.

In the premises, a temporary injunction do issue against the respondents, restraining them whether by themselves, representatives, officiate agents or workmen from conducting elections of the new Kyabazinga of Busoga under the (CONSTITUTION OF OBWAKYABAZINGA BWA BUSOGA, 2000) or any other arrangement which is not in accordance with their traditions, customs, cultures, wishes and aspirations of the Basoga till the final disposal of Constitutional Petition No. 11 of 2008 or further orders.

Costs of this application will abide the results of the pending Petition.

Dated at Kampala on this …30^th …day of ….October,… 2008.

L.E.M. Mukasa-Kikonyogo

DEPUTY CHIEF JUSTICE.

S.G. Engwau

JUSTICE OF APPEAL.

A. Twinomujuni

JUSTICE OF APPEAL.

C.K. Byamugisha

JUSTICE OF APPEAL.

S.B.K. Kavuma

JUSTICE OF APPEAL.