[18] For the above reasons, the case raised by the Applicant cannot be and is
not one that is likely to lead to a total prohibition of the planned establishment
of an ITMS system. In view of my finding in the immediately foregoing
paragraph, if that was the intention of the Applicant in bringing the main
cause, then I would find that no prima facie has been established by the
Applicant with a possibility of success. On the other hand, if the case by the
Applicant is for avoidance of any unreasonable limitation on the fundamental
human rights and freedoms of persons in Uganda, then I would find a serious
case that requires investigation by the Court. However, such would not be a
case that requires issuance of an order of a temporary injunction before the
issues in the main cause can be investigated. In my view, whether an
injunction issues or not would not diminish the need to investigate whether the
limitations occasioned by the ITMS are reasonable and demonstrably justifiable
in a free and democratic society. In the event that the Court finds the limitation
offensive to the law, the Court would be in position to declare the system or
such parts of it as offensive to the named rights and freedoms and the Court
will then give appropriate remedies.
[19] In the circumstances, the Applicant has not established that it is
imperative that the Court issues an order of a temporary injunction if their
dispute is to be justly investigated. The dispute can be investigated and
appropriate remedies granted whether the ITMS is implemented before disposal
of the main cause or not. As such, no need for preservation of the status quo
has been established. Similarly, the Applicant has not established a prima facie
case that warrants the grant of an order of a temporary injunction pending the
hearing of the main cause. Thirdly, no irreparable injury can be established in
those circumstances. It also becomes unnecessary to dwell on the ground of
balance of convenience.
9
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