Court to Annex “R1” a convention in transit trade principle 4 to which Uganda is a signatory. He further submitted that, the respondent is responsible for customs services in Uganda and has to respect the convention. That the respondent has to allow goods from Kenya to transit freely through Uganda to South Sudan and that that is what it has been doing. Counsel for the respondent submitted that there is no contrary evidence that this instrument does not apply to Uganda. Counsel for the respondent submitted that the respondent Authority only allowed goods through Uganda where permits existed to export to Southern Sudan. Counsel for the respondent submitted that there was no more smuggling into the Arua area of the said cigarettes and therefore the applicants could rely on this argument. As to irreparable loss the learned counsel for the respondent submitted that when the respondent tried to stop the transit, the Kenyan government threatened a blockade on Uganda in retaliation and that this goes also to balance of convenience. He then concluded that, should court be inclined to grant this Temporary injunction then Court should not award costs against the respondent as it was just following the international convention and as such needs protection on any consequences. I have addressed my mind to the motion and the affidavits for and against it and the submission of both learned counsels for which I am grateful.

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