UPC Woes : Understanding Justice Mike J.Chibita’s Judgement – Tom Owino


Who went to court?
Civil Application No.22 of 2020 was filed by Jimmy Akena in the Supreme Court of Uganda, being represented by Counsel Caleb Alaka and Fred Kato.

What was he challenging?
Jimmy Akena filed this Application challenging Miscellaneous Application No.19 of 2016 filed in the Court of Appeal. This Application was disposed of on 29th/July/2020 with the Court of Appeal ordering inter alia that:
i) The Delegates Conference of the 1st Applicant (.i.e. UPC) scheduled for 1st/August/2020 be stayed, and
ii) The Applicants (.i.e. Jimmy Akena) shall not operate accounts held at Orient Bank and Housing Finance Bank until the final disposal of Civil Appeal No.20 of 2016.

What were his prayers?
In this Application Jimmy Akena was seeking for the following orders:
i) An Interim Order staying execution and/or affecting part of the decision and orders of the Court of Appeal of Uganda at Kampala, in Miscellaneous Application No.19 of 2016, delivered on the 29th/July/2020, until the final determination of the Applicant’s substantive application for stay of execution in this Court, and
ii) An Interim Injunction restraining the Applicants’ bankers to wit, Orient Bank and Housing Finance Bank from implementing the decision of the Court of Appeal stopping the Applicants from operating their accounts in the said banks until the disposal of the substantive application for stay of execution in this Court.

What was the resolution of Court?
The Supreme Court resolved Civil Application No.22 of 2020 in the following terms:
• That this Application was filed pending the outcome of Civil Appeal No.20 of 2016.
• That the orders for stay of execution were time bound .i.e. until disposal of Civil Appeal No.20 of 2016.
• That the grounds upon which this Application was based had elapsed by delivery of the Judgement of the Court of Appeal.
• That the orders sought to be stayed were non-existent by virtue of the Court of Appeal Judgement delivered on 7th/September/2020.
• That the substantive application had been disposed of, thus the interim order for stay couldn’t succeed.
•That there was no legal and factual basis for the application.
• That the grounds upon which the application was made had shifted and the application had no legs to stand on.
• That the application has been rendered nugatory.
• That the application must collapse, and finally
• The Application was dismissed.

What does this mean for UPC?
If it was granted!
In the event, that the Supreme Court had granted Akena an interim order staying execution of the Orders of the Court of Appeal, this would mean the following:
• That the Delegates Conference at Kasangati on 1st/August/2020 would have been legal and binding, and
• The ghost of Justice Steve Kavuma’s Interim Order for stay of execution of 2016, would have been resurrected in Justice Mike J. Chibita in 2020 to haunt UPC once again. Akena would have used the Interim Order for stay of execution to run around with as the instrument legitimizing his Presidency for the next five years.

When it was not granted!
This being the current position of law and fact since the application was dismissed, this is what it means for Akena:
• That the Delegates Conference convened at Kasangati on the 1st/August/2020 was illegal, null and void, and
• That Akena’s purported elections at the Delegates Conference is equally illega, null and void.

At this point, it’s very clear to Akena and his supporters that there is no amount of intervention that he can deploy to have his illegality reversed. The only remaining recourse is to have fresh elections organized by PETER WALUBIRI.



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