The High Court in Kampala has for the second time blocked the Uganda Law Society (ULS) from holding its planned extraordinary general meeting that was scheduled for today at 2:00 pm.

In a ruling delivered on Tuesday, February 6, 2024, morning, High Court Judge Musa Ssekaana said an application filed by Brian Kirima against ULS raises serious issues warranting the issuance of a temporary injunction against the planned extraordinary general meeting.

“A temporary injunction issues against the respondent (ULS) restraining it from calling, convening and arranging an extraordinary general meeting on requisition of member’s petition until the final determination of the main case,” Ssekaana ruled.

Justifying his order, Ssekaana said the court should always be willing to extend its hand to a citizen who is being wronged or whose rights are being violated or when there are illegalities that are about to be committed against the law.

In the main case, Kirima said he believes the planned ULS extraordinary general meeting is intended to commit illegalities which ought to be stopped to uphold the rule of law.

He contends that by calling the meeting to make resolutions intended to embarrass the Judiciary, ULS is committing an illegality contrary to the ULS Act and its main objective.

The matter has since caused a sharp lift between ULS and the Judiciary who are supposed to work together in administration of justice.

Commenting on the ruling via his X, formerly Twitter, city lawyer Ferdinand Tumuhaise posted that the trend that has been created by such injunctions is that considering the statutory role of ULS, it will be impossible to hold any extraordinary general meeting to discuss any matter that a member does not like.

“These injunctions have opened the floodgates and will render the ULS a mere non-government organisation (NGO) that will resort to just publications of annual reports and no meaningful resolutions on rule of law will be made without courts interference,” he noted.

Efforts to get a comment from ULS president Bernand Oundo over the matter proved futile as the call made to his known number went unanswered.

Genesis of the case

A section of lawyers had moved the ULS to convene an extraordinary general meeting to address concerns surrounding perceived judicial misconduct attributed to High Court Judge Jesse Byaruhanga Rugyema in a case about the Tilenga oil land dispute.

City lawyer Eron Kiiza contends that Justice Byaruhanga violated established legal principles by delivering a verdict in the land case within four days without allowing the accused parties to respond or contest the matter.

“When a judge, oozing impunity, deliberately denies parties to a case/suit an opportunity/right to be heard, to contradict the evidence, to file their submissions and hastily makes orders for the benefit of Total Energies Exploration and Production Uganda to prejudice of Ugandans’ homes, gardens, residences, livelihoods, dignity and property, he is undermining rule of law and fundamental human rights and freedoms,” Kiiza said.

On December 8, 2023, Justice Byaruhanga ruled against 42 landowners refusing the Government’s proposed compensation rates.

The compensation aimed to facilitate the relocation of these landowners clearing the path for the development of oil infrastructure as part of the Tilenga project by Total Energies.

Justice Byaruhanga directed the Government to deposit compensation funds with the court.

He also ordered the vacant possession of 59.674 acres of land for petroleum activities under the Tilenga project.

Kiiza and Dickens Kamugisha, the chief executive officer of the Africa Institute for Energy Governance (AFIEGO) contend that Justice Byaruhanga's judgment in the Tilenga Oil land dispute case could establish an unfavourable jurisprudential precedent, potentially enabling the Government and individuals to forcibly acquire citizens' land and properties.